The Department of Justice (DOJ) has filed a lawsuit against Morris Township, New Jersey, over its ordinance that bans the use of natural gas, propane gas, and fuel oil infrastructure and appliances in certain new residential construction.
According to the lawsuit, the 2022 ordinance applies to new apartment complexes or apartment-style housing comprised of 12 or more dwelling units. The DOJ stated the ordinance runs afoul of the Energy Policy and Conservation Act, in which federal energy efficiency standards preempt contradictory state and local regulations.
The agency noted the lawsuit follows similar litigation brought against the California cities of Morgan Hill and Petaluma which resulted in the two cities rescinding their respective bans on natural gas.
In a statement, the DOJ claimed the town’s actions “reflect a radical left effort to outlaw federally regulated gas stoves, furnaces, water heaters, dryers, and other appliances that American families rely on daily to cook their meals and heat their homes.”
“Where the federal government has exclusive authority to regulate appliances and infrastructure, we will fight state and local overreach,” said Principal Deputy Assistant Attorney General Adam Gustafson of the DOJ’s Environment and Natural Resources Division. “Banning natural gas is illegal. It makes heating, cooking, drying, and other life functions more unaffordable for consumers. This administration is committed to unleashing American energy and empowering Americans.”
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