U.S. Court Allows State Building Electrification to Begin

New York, NY —

The United States District Court of the Northern District of New York ruled that New York has the power to enact the All-Electric Building Act, which mandates significant changes to New York’s building codes. By December 31, 2025, the codes must require that most new buildings in New York that are seven stories or shorter be built to use zero-emission electric heat and appliances. With a few exemptions, beginning on January 1, 2029, all new buildings will be subject to be fossil-fuel combustion-free as well.

This March, similarly, 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 NYC law places pollution emission limits in new construction and requires the use of zero-emission appliances, leading the way to all-electric buildings.

In 2023, the All-Electric Building Act (AEBA), adopted as part of the Fiscal Year 2024 New York State Budget marking investments in energy affordability, sustainable buildings, and clean energy development. In New York State, buildings account for more than 30% of state greenhouse gas emissions. The AEBA adoption made New York the first-in-the-nation to advance comprehensive legislation for constructing modern zero-emission new homes and buildings with targets to reduce consumer rising energy costs, create healthier living and working environments, and add thousands of local clean energy and energy efficiency jobs. Following the landmark adoption of the AEBA, gas corporations and others with business interests in fossil fuels filed a challenge aiming to thwart the will of the NYS Legislature and restrict New York s ability to meet its climate goals by cutting fossil fuel emissions.

This decision follows another recent victory in California where a federal judge upheld Southern California’s landmark rule to advance zero-emissions boilers. Last year, a coalition of industry groups claimed the rule was preempted by the Energy Policy and Conservation Act (EPCA), seeking to extend a previous Ninth Circuit Court of Appeals decision that preempted a City of Berkeley building electrification ordinance to emissions standards. Fortunately, the district court judge provided clarity that the Berkeley decision was narrow in scope, and that EPCA applies to building codes that concern energy use — not emissions standards.

“As an Intervenor Defendant of New York’s All-Electric Building Act (AEBA), the New York Geothermal Energy Organization (NY-GEO) is pleased with the Court’s decision to uphold the legal validity of the AEBA. We anticipate that New Yorkers will soon experience the comfort, safety, and energy savings that come with fossil-free new homes as the AEBA goes into effect. We extend our sincere gratitude to Earthjustice for their important work as counsel for both NY-GEO and PUSH Buffalo in this case,” said Christine Hoffer, Executive Director, NY-GEO.

“The fossil fuel industry was sent a powerful message by the court in this case — the health, well-being, affordability, and prosperity of our communities matters more than the industry’s profits and the hollowness of its fear mongering. The AEBA remains a powerful victory in the fight for our lives. We look forward to working with partners and stakeholders to ensure it’s implemented in the most equitable ways possible,” said Dawn Wells-Clyburn, Executive Director of PUSH Buffalo.

“The court saw right through the gas industry’s efforts to force New Yorkers to use its unhealthy and unsustainable products. This decision shows once again that cities and states have the power to protect their residents from air pollution and to take meaningful action against climate change,” said Meagan Burton, Senior Attorney at Earthjustice.

Earthjustice intervened in the 2024 case representing the New York Geothermal Energy Organization (NY-GEO) and People United for Sustainable Housing (PUSH) Buffalo, arguing alongside the New York Attorney General Leticia James who filed initially.

With examples from the NYS, NYC, and California cases, it’s clear that fossil fuel interests are willing to ignore consumer energy bill affordability and public health progress to continue pushing for their own major profits. These laws remain valid and can now move forward.