President Trump’s Justice Department is escalating the fight against state and local rules designed to push gas stoves, furnaces, water heaters, and other everyday appliances out of new buildings.
The department announced Monday that one challenge in Colorado has cleared an early legal hurdle, while federal lawyers have joined a separate appeal against Oak Park, Illinois’s all-electric building mandate.
Neither case is over. The important change is that the federal government is now backing families and businesses who say local officials cannot use building-wide mandates to evade national appliance standards.
The same-day announcement laid out both fronts of the legal fight:
The U.S. Department of Justice says the Colorado case targets state and Denver regulations that impose building-wide energy-use limits.
A federal district judge allowed the challenge to proceed after DOJ argued that the rules may have an “impermissible connection” to the energy use and efficiency of appliances already regulated under the federal Energy Policy and Conservation Act.
That ruling does not strike the regulations down. It means the challengers have stated a plausible federal-preemption claim and will be allowed to keep making their case.
The Illinois battle is further behind. DOJ filed a friend-of-the-court brief in the Seventh Circuit against Oak Park’s “Climate Ready Oak Park” ordinance, which requires new buildings to be all-electric.
The dispute reached the appeals court after a federal judge upheld Oak Park’s rule in August. That earlier ruling is the legal decision DOJ is now asking the Seventh Circuit to reverse.
That same consumer-choice fight is also on the ballot in Colorado, where Amendment 82 would protect access to natural gas for cooking and heating:
DOJ’s argument is simple: Congress created national energy-conservation standards for appliances, and local governments cannot accomplish indirectly what federal law prevents them from doing directly.
If a town bans the type of energy an appliance needs, the appliance is effectively banned even if the local code never names a particular stove, furnace, dryer, or water heater.
Principal Deputy Assistant Attorney General Adam Gustafson said the department’s actions support consumer choice, lower energy costs, and President Trump’s commitment to unleash American energy.
The Justice Department says this is part of a broader campaign. It has already sued a New Jersey township and prevailed against two California cities over similar restrictions.
The Illinois fight is especially important because the push is not confined to one suburb. The larger policy debate is also about whether officials will recognize natural gas as an efficient option instead of regulating it away:
Supporters of electrification mandates say they reduce fossil-fuel use and make new buildings cleaner. That policy goal does not settle the legal question, and it certainly does not erase the cost and reliability consequences for the people who live and work in those buildings.
Americans should be free to choose the appliances and energy sources that fit their homes, budgets, and local conditions. A family should not discover that its preferred stove or heating system vanished because a city council found a creative way around federal law.
President Trump’s DOJ is now forcing that conflict into the open. Colorado will test whether building-wide energy targets unlawfully regulate federally covered appliances; Illinois will test whether a municipality may ban those appliances by banning their fuel.
Those are fights worth having—and this administration is finally willing to have them.
This is a Guest Post from our friends over at 100 Percent Fed Up. View the original article here.
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[ H/T WLT Report ]