A federal judge has dealt a blow to businesses across Denver hoping to preserve their right to use natural-gas appliances, ruling that the city’s ban does not violate federal energy law. The decision adds Colorado to a growing list of states and cities where local governments are asserting authority over how residents and businesses power their homes and establishments.
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The ruling carries implications far beyond Denver, as similar gas appliance restrictions have already been upheld in Washington D.C., Maryland, Illinois, and California, suggesting this legal battle is far from over nationwide.
From the Legal Newsline:
The Restaurant Law Center and the National Association of Home Builders were among the trade associations that sued Denver in July 2024, arguing rules passed in Denver this decade were preempted by the federal Energy Policy and Conservation Act. Judge Philip Brimmer disagreed in an Aug. 7 ruling granting the city’s motion to dismiss.
Preemption only applies to energy use requirements on manufacturers before the appliances reach consumers, Brimmer wrote. He relied on a June ruling from the Second Circuit in a challenge to New York City’s ban on natural gas appliances in new buildings that found preemption under the EPCA applies to energy conservation standards, not prohibitions.
“(T)he 2023 standards – which only regulate appliances purchased by consumers and which do not impose requirements on manufacturers – do not regulate energy use as contemplated by the EPCA’s preemption provision,” Brimmer wrote.
The Restaurant Law Center had argued that energy policy should be set at the national level, not left to a patchwork of local ordinances, and pointed to a Ninth Circuit ruling that struck down a similar gas piping ban in Berkeley, California. Judge Brimmer found that precedent unpersuasive, instead siding with a dissenting judge from that case who argued federal law guarantees uniform appliance efficiency standards but does not create a consumer right to use any particular appliance. The Sierra Club, which joined the city in defending the ordinance, celebrated the ruling and called the legal challenge baseless. Earthjustice attorney Emma Hardy said the decision confirms that local governments retain the authority to regulate gas appliance use in pursuit of reduced pollution.
This case sits at the intersection of two significant issues: the balance of power between federal and local government, and the growing push by environmental advocates to phase out fossil fuel appliances in favor of electrification. For restaurant owners, home builders, and everyday consumers in Denver, the ruling means fewer choices in how they heat their buildings and power their kitchens, decisions increasingly made by city councils and courts rather than individual property owners. As similar bans spread to other cities, this legal fight will likely continue to play out in courtrooms across the country, with real consequences for the cost and freedom of everyday life.
Scripture calls believers to be faithful stewards of the resources God has entrusted to creation, and reasonable care for the environment is a legitimate expression of that stewardship. At the same time, believers should be discerning about policies that concentrate decision-making power in the hands of government rather than allowing individuals and families the freedom to make responsible choices for their own homes and businesses. Pray for wisdom for lawmakers and judges navigating these questions, and for a balance that honors both care for creation and the God-given liberty of individuals to steward their own resources.
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(Excerpt from the Legal Newsline. Photo Credit: kamisoka/Getty Images Signature via Canva Pro).
