Federal Court Allows NYC Building Electrification to Begin

This Tuesday, the United States District Court for the Southern District of New York dismissed legal challenges to New York City’s 2021 Local Law 154. The law places pollution emission limits in new construction and requires the use of zero-emissions appliances, leading the way to all-electric buildings.

Seventy-one percent of New York City’s greenhouse gas emissions, the pollution that causes climate change, come from buildings burning fossil fuels like methane “natural” gas. In addition to outdoor air pollution, the use of gas in homes and buildings produces extremely harmful indoor air pollution as well. Studies have found that children living in homes with a gas stove are up to 42% more likely to develop asthma symptoms.

“We are pleased to learn that the unfounded challenges to New York City’s Local Law 154 of 2021 have been dismissed by the United States District Court for the Southern District of New York today,” said Lonnie Portis, Acting Director of Policy and Legislative Affairs at WE ACT for Environmental Justice, which helped pass the law. “This is a big win for New Yorkers, given that roughly 70% of the City’s greenhouse gas emissions come from buildings burning fossil fuels like fracked gas. Studies show that both air pollution and climate change disproportionately impact low-income communities and communities of color, which is why laws like this — which encourage the transition away from the use of fossil fuels — are so critical to the health and well-being of our communities.”

“Our members are pleased with the Court’s decision, which supports New York City’s efforts to shield its residents from the impacts of dirty fuels and the climate crisis. NY-GEO is proud to have contributed to the Amicus Brief in this matter, and we believe this ruling clarifies the path toward decarbonizing buildings,” said NY-GEO Executive Director Christine Hoffer.

“We are pleased that Judge Abrams confirmed New York City’s authority to protect its citizens’ health from dirty fossil fuels. Science shows that indoor pollution harms our health and jeopardizes our grandchildren’s future, and this decision helps New York City secure the cleaner buildings and cleaner future we need,” said Meagan Burton, senior attorney at Earthjustice.

In 2019, New York signed the Climate Leadership and Community Protection Act (CLCPA) into law, requiring a reduction of economy-wide greenhouse gas emissions over time and setting a goal of 100% carbon-free electricity by 2040. Nearly 70% of the city’s carbon emissions come from the fossil fuels used to heat, cool, and power buildings.

The shift to state-of-the-art appliances in homes such as heat pumps, induction stoves, and heat pump water heaters offers major clean air benefits, upgrades in energy efficiency, and climate protections. Laws like Local 154 bring New York City one step closer to cutting fossil fuels from buildings and homes with modern technology.