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Los Angeles-area gas appliance ban upheld by US appeals court

Created at 2 Jul · 6:31 PM1 source↑ Market-relevant
IN SHORT

A divided federal appeals court upheld a ban on gas appliances that emit nitrous oxides in four Los Angeles-area counties. Appliance makers and trade groups argued the rule conflicted with federal law, but the court found no such preemption.

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Key Numbers

2-1court decision split
June 2024rule passed date
January 1compliance deadlines start date
10%expected emissions reduction

Who's Involved

9th U.S. Circuit Court of Appeals
ruled on the gas appliance ban
South Coast Air Quality Management District
passed the zero-emissions rule
Lucy Koh
Circuit Judge who wrote the majority opinion
Kenneth Lee
Circuit Judge who dissented
National Association of Home Builders
challenged the rule
Los Angeles-area gas appliance ban upheld by US appeals court

↳ Why This Matters

The ruling affirms the authority of local governments to enact stringent environmental regulations on appliances, potentially setting a precedent for other regions seeking to reduce air pollution and meet federal clean air standards.

Key facts

  • A federal appeals court upheld a ban on gas appliances emitting nitrous oxides in four Los Angeles-area counties.
  • The ruling stated the ban does not conflict with federal law, specifically the Energy Policy and Conservation Act.
  • The South Coast Air Quality Management District enacted the rule to reduce smog and meet federal ozone standards.
  • The ban impacts large water heaters, small boilers, and process heaters, with compliance deadlines starting January 1.
  • The court's majority found no clear congressional intent to block states from regulating appliance emissions.

A divided federal appeals court has upheld a ban on the manufacture, sale, and installation of gas appliances that emit nitrous oxides across four Los Angeles-area counties. The 9th U.S. Circuit Court of Appeals, in a 2-1 decision, rejected arguments from appliance makers and trade groups that the pollution control measure conflicted with federal law.

Circuit Judge Lucy Koh, writing for the majority, stated that the federal Energy Policy and Conservation Act does not prevent states from implementing reasonable regulations on appliance emissions. She argued that voiding the rule would amount to an implied repeal of the Clean Air Act, an outcome for which opponents had not shown clear congressional intent. Koh also noted that process heaters are not covered by the Energy Policy and Conservation Act, and the U.S. Department of Energy has not issued federal standards for them.

The South Coast Air Quality Management District enacted the zero-emissions rule for large water heaters, small boilers, and process heaters in June 2024 to combat severe smog and comply with federal ozone standards. Compliance deadlines began on January 1, and the regulation is projected to reduce emissions in the South Coast Air Basin by approximately 10%.

Circuit Judge Kenneth Lee dissented, drawing parallels to a 2023 ruling where the same court found federal law preempted a Berkeley ordinance banning natural gas infrastructure in new buildings. The National Association of Home Builders and several California business groups were among the entities challenging the ban.

Frequently asked questions

The ban covers large water heaters, small boilers, and process heaters that emit nitrous oxides.

The ban applies to Los Angeles, Orange, Riverside, and San Bernardino counties.

Challengers argued that the ban conflicted with the federal Energy Policy and Conservation Act and that federal law preempted state and local regulations on appliance emissions.

The court found no clear congressional intent to block states from regulating appliance emissions and stated that voiding the rule would amount to an implied repeal of the Clean Air Act.

What Happens Next

01Appliance makers and trade groups may seek further legal challenges or appeal the decision.
02The South Coast Air Quality Management District will continue enforcing the ban on gas appliances.

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Cadence

How It Developed

The 9th U.S. Circuit Court of Appeals upheld a ban on gas appliances emitting nitrous oxides in four Los Angeles-area counties.
The court ruled 2-1 that the ban does not conflict with federal law.
The South Coast Air Quality Management District passed the rule to address smog and comply with Clean Air Act ozone standards.
Compliance deadlines began January 1, with the rule expected to eliminate 10% of emissions in the South Coast Air Basin.
Appliance makers and trade groups challenged the rule, arguing it conflicted with the federal Energy Policy and Conservation Act.
The court found that federal law did not clearly intend to block states from regulating appliance emissions.
A dissenting judge argued the case was similar to a previous ruling where a similar ordinance was preempted by federal law.

Sources

T1
Los Angeles-area gas appliance ban upheld by US appeals courtReuters

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