Federal appeals courts have recently upheld state and local laws in California and New York banning appliances that burn fossil fuels from new construction.

On June 30, a three-judge panel of the Second Circuit Court of Appeals, whose jurisdiction includes New York, unanimously rejected challenges to a New York City law banning the use of natural gas and heating oil in new homes and buildings. The judges also blocked a challenge to a state law requiring officials to adopt rules prohibiting appliances that burn such fuels.

In California, the Ninth Circuit Court of Appeals on July 2 ruled 2-1 to uphold regulations adopted in 2024 by the South Coast Air Quality Management District adopted to require buildings to transition to zero-emission water heaters. The district’s rules apply to Orange County, and parts of Los Angeles, Riverside, and San Bernadino, including the Coachella Valley.