WASHINGTON — Washington Gas and a collection of building groups are suing D.C. over its appliance ban and net-zero building code.
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.”
Washington Gas released a statement Thursday, stating:
At Washington Gas, our customers are at the heart of everything we do, and their priorities are our priorities. That’s why we’re standing up alongside our customers and joining the Teamsters Local 96, LIUNA Philadelphia/Baltimore/Washington Laborers’ District Council, National Apartment Association, Maryland Building Industry Association, National Federation of Independent Business, Restaurant Law Center, and the National Association of Home Builders of the United States in lawsuits filed today in Washington, DC, and Montgomery County, MD, to challenge recent bans limiting customer energy choice.
Washington Gas is proud to provide safe, reliable energy service to homes, schools, hospitals, restaurants, and businesses across the DMV, where we live and work alongside our customers. Our friends, families, and neighbors want the ability to choose gas to heat their homes, feed their families, and provide for their own customers – and we understand the critical role our service plays in their everyday lives. The gas bans passed in Washington, DC, and Montgomery County do not align with the needs or best interests of our customers or the broader community.
Together with our partners, who represent important segments of our customers and community, we look forward to making our case throughout the legal process and are confident that preserving our customers’ choice will prevail.