Court Upholds Montgomery County’s All-Electric Building Code

Court Upholds Montgomery County's All-Electric Building Code

Federal ruling affirms state authority to cut pollution, lower energy costs, and advance healthier buildings

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Tylar Greene, [email protected]

The United States District Court for the District of Maryland rejectedWashington Gas's challenge to Montgomery County's Comprehensive Building Decarbonization Ordinance, which would require all-electric building standardsfor new construction by the end of this year, marking a major victory for efforts to, improve energy efficiency, protect public health, and reduce greenhouse gas emissions. The ruling closely tracks recent decisions in New York, underscoring an emerging consensus among courts that these policies are legally sound and casting further doubt on the Ninth Circuit decision of California Restaurant Association v. City of Berkeley, which struck down a similar ordinance.

In response to today's decision, a coalition of environmental organizations released the following statements:

"The federal court rightly rejected Washington Gas' and its industry allies' attempt to halt commonsense local action to reduce pollution, energy costs, and improve our energy future. At a time when buildings are a leading source of climate and health-harming pollution across Maryland, ordinances like Montgomery County's are essential to delivering clean air and affordable energy," said Tim Oberleiton, senior attorney for Earthjustice."The fossil fuel industry's coordinated attacks are about preserving profits, not protecting people. Today's ruling is yet another in a string of rulings across the country that send a strong message that efforts to undermine healthy building standards will not stand and communities across the country can move forward with confidence in advancing efficient and affordable all-electric buildings."

"Today's court decision is a victory for advocates who have tirelessly fought to ensure Montgomery County's homes and buildings are increasingly electrified and energy efficient, leading to healthier indoor air and lower utility bills," said Sari Amiel, staff attorney with Sierra Club's Environmental Law Program."This ruling reflects a growing consensus that all-electric building standards, like those in Montgomery County, are legally sound."

"Four years ago, Montgomery County passed landmark legislation that would ensure new homes and buildings are constructed with the latest efficient electric equipment that lowers energy costs and enhances indoor comfort," said Anne Havemann, deputy director and general counsel at the Chesapeake Climate Action Network. "Today's ruling upholding the legislation is a win against powerful fossil fuel interest groups who were trying to dismantle the law just to keep their profits flowing. It also sends a clear message that more communities should advance robust decarbonization policies, knowing that the law is on their side."

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