Montgomery County in Maryland has instituted a natural gas ban on new construction, set to take effect in 2026. Several organizations have joined together to file a lawsuit challenging the legislation, arguing that the ban is preempted by the Energy Policy and Conservation Act (EPCA), which sets energy and efficiency use standards for covered gas appliances. 

If put into effect, the ban could negatively impact builders, construction workers, restaurants, small businesses and consumers. The National Association of Home Builders (NAHB) says that the ban would “exacerbate the housing affordability crisis by increasing costs on new homes, eliminate consumer choice and further strain America’s already stressed electric grid.”

In July 2019, Berkeley, California became the first U.S. city to prohibit natural gas infrastructure in new buildings, with the aim of reducing carbon emissions. The California Restaurant Association (CRA) then filed a lawsuit to block the legislation, which was initially dismissed but later heard by the U.S. Court of Appeals for the Ninth Circuit, who ruled that the city of Berkeley had overstepped its authority.

When creating the legislation, the city of Berkeley attempted to circumvent the EPCA by prohibiting permits for new natural gas piping in their building code. Judge Patrick J. Bumatay wrote that the EPCA preempts state and local regulations, including building codes, setting an important precedent for other cities considering gas bans. 

In Minnesota, bills were introduced in 2023 by Rep. Mekeland and Sen. Mathews to prohibit bans on new natural gas or propane hookups in any building. The bills were not heard in either body of government.