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New York's all-electric rule for new buildings survives federal appeal; start date unconfirmed

On June 30, 2026 the Second Circuit rejected a federal-preemption challenge to the State's ban on fossil-fuel equipment in new buildings. A court-approved stipulation suspends the State's rules until 120 days after the Second Circuit's mandate if no certiorari petition is timely sought; the mandate date and any petition were not confirmed.

On June 30, 2026 the U.S. Court of Appeals for the Second Circuit, in Association of Contracting Plumbers of the City of New York, Inc. v. City of New York and Mulhern Gas Co., Inc. v. Mosley, Nos. 25-977 and 25-2041, affirmed the dismissal of challenges arguing that the federal Energy Policy and Conservation Act ("EPCA"), 42 U.S.C. § 6297(c), preempts New York's prohibition on fossil-fuel equipment in new buildings. The State law, Executive Law § 378(19), directs the State Fire Prevention and Building Code Council to adopt that prohibition, and the court also addressed New York City's Local Law 154. The State's implementing regulations had been suspended by a stipulation while the appeal was pending.

Ass'n of Contracting Plumbers of the City of New York, Inc. v. City of New York; Mulhern Gas Co. v. Mosley, Nos. 25-977, 25-2041 (2d Cir. June 30, 2026); Stipulation and Order, Mulhern Gas Co. v. Mosley, No. 1:23-cv-01267 (N.D.N.Y. Nov. 12, 2025, so ordered Nov. 18, 2025); N.Y. Executive Law § 378(19); 42 U.S.C. § 6297(c)

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