NEWARK, N.J. – The federal government has filed suit against Morris Township, New Jersey, arguing that its local “all-electric” building mandate is not just misguided policy—but flatly illegal under federal law.
At the center of the case is Ordinance 08-22, adopted in 2022, which requires that new apartment-style developments with 12 or more units be built without natural gas, propane, or oil. In practice, the rule forces builders into fully electric construction, banning common gas-powered appliances for heating, cooking, and other everyday uses.
The U.S. Department of Justice contends that this local restriction directly conflicts with the federal Energy Policy and Conservation Act (EPCA), a sweeping statute that governs energy efficiency standards for household appliances nationwide. Congress designed EPCA to create uniform national rules—preventing a patchwork of state and local regulations that could interfere with interstate commerce and consumer choice.
According to the complaint, Morris Township’s ordinance crosses a clear legal line. While it doesn’t explicitly regulate appliance efficiency, it effectively bans entire categories of federally regulated products—namely, gas-powered appliances—by prohibiting the infrastructure needed to use them. That, the federal government argues, is still a regulation of “energy use” under EPCA, and therefore preempted by federal law.
The lawsuit leans heavily on recent appellate precedent, particularly a Ninth Circuit ruling striking down a similar natural gas ban in California. That decision found that local governments cannot do indirectly—through building codes—what they are forbidden from doing directly: eliminate federally approved appliances from the market.
Beyond the legal theory, the complaint frames the ordinance as part of a broader trend of local “electrification” policies that, in the federal government’s view, undermine national energy strategy. It argues that such measures drive up costs, reduce consumer choice, and interfere with federal efforts to maintain a reliable and affordable energy supply.
The government also emphasizes that EPCA includes only narrow exceptions allowing state or local deviations—and Morris Township never sought a federal waiver. Nor, the complaint says, does the ordinance qualify for any of the statute’s limited carveouts for building codes.
As a result, the United States claims the ordinance is invalid in all applications. It is asking the court to declare the law unconstitutional under the Supremacy Clause and to permanently block township officials from enforcing it.
The case tees up a fundamental clash: local climate-driven building policies versus federal authority over energy regulation. The outcome could determine whether municipalities across the country can continue pursuing gas bans—or whether those efforts are preempted before they even get off the ground.
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