Hudson, N.Y. — July 25, 2025 — A federal judge has ruled that New York State’s planned ban on natural gas hookups in new construction, set to begin in 2026, does not conflict with federal law.

The lawsuit, filed by Hudson-based Mulhern Gas Co. along with several trade groups and unions, challenged the measure on the grounds that it violates the federal Energy Policy and Conservation Act (EPCA). The defendants included New York Secretary of State Robert Rodriguez and other state officials.

The law, which is part of New York’s broader climate policy, prohibits the installation of fossil fuel infrastructure in newly constructed buildings starting January 1, 2026 The state argues this step is essential to reducing carbon emissions and transitioning to cleaner energy systems.

U.S. District Judge Glenn Suddaby, presiding over the Northern District of New York, ruled that the state’s policy does not infringe upon the EPCA. While the plaintiffs pointed to a 2023 Ninth Circuit ruling that struck down a similar gas ban in Berkeley, California, Judge Suddaby found New York’s approach to be materially different. He stated that the law does not impose any energy-efficient requirements on appliances, but instead limits the types of fuel allowed in new buildings — which does not interfere with federal jurisdiction over appliance standards.

Rick Cummings, Vice President of Mulhern Gas and New York State director of the National Propane Gas Association, expressed disappointment with the decision. “We believe most New Yorkers aren’t even aware of this upcoming band,” he said, warning that the law could significantly reduce consumer energy choices. He also noted that the propane industry is actively working to inform the public.

While this ruling diverges from the Berkeley case, it may signal that courts outside the Ninth Circuit are more open to state-led climate initiatives that target fossil fuel use in infrastructure. Cummings said his team is currently considering next steps, including a possible appeal.
Source: Mid-Hudson News, “Judge rules NYS natural gas ban on new construction in 2026 not preempted by federal law,” July 25, 2025
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