Washington Gas, groups sue DC over net-zero building code that bans gas appliances

The groups are coming together against the enforcement of the Clean Energy D.C. Building Code Amendment Act of 2022, also known as the D.C. Appliance Ban. The code prohibits some buildings from using gas appliances, by 2027 at the latest. This applies to all newly constructed and all substantially improved commercial buildings, including residential buildings over three stories

But these groups say that local laws on the use of appliances are preempted by the Energy Policy and Conservation Act (EPCA). They claim that because of that, the building code is unenforceable.

The suit is coming from Washington Gas Light Company, the National Association of Home Builders, the Restaurant Law Center, the National Apartment Association, the Maryland Building Industry Association, the Philadelphia-Baltimore Washington Laborers’ District Council and Teamsters Local 96.

Beyond Gas D.C., a clean and affordable energy advocacy group, issued a statement condemning the lawsuit. The statement quotes Mark Rodeffer, grassroots environmental organization the Sierra Club's National Building Electrification Campaign co-lead.

“When it comes to finding new and creative ways to undermine the health of D.C. residents and raise our bills, Washington Gas is on a roll. This lawsuit is a baseless attack on common-sense measures to increase energy efficiency to keep bills low and reduce health-harming air pollution,” Rodeffer said. “D.C.'s clean building standard is a groundbreaking program to tackle pollution from buildings, which are responsible for more than 70% of D.C.’s climate pollution. Yet now Washington Gas wants to throw out the entire thing to profit from keeping residents hooked on methane gas. It’s more clear than ever that D.C. leaders must commit to a District-wide strategy to upgrade our homes and buildings with clean energy, and push back against corporate greed.”