NAHB Joins Coalition to Take Legal Action Against Gas Bans in Washington, D.C. and Montgomery County, Maryland
On October 17, Washington Gas, the National Association of Home Builders (NAHB), the Maryland Building Industry Association the Teamsters Local 96, LIUNA Philadelphia/Baltimore/Washington Laborers’ District Council, the Restaurant Law Center, the National Federation of Independent Business and the National Apartment Association, filed dual lawsuits in Washington, D.C. and Montgomery County, Maryland, respectively, challenging the gas bans on new construction set to take effect in 2026 in both jurisdictions. This legal action is necessary to protect the right of customers to choose the affordable, reliable energy sources that meet their needs and budget.
This lawsuit is similar to legal efforts across the country challenging local gas bans, including a recent federal court ruling that overturned a first-in-the-nation ban on gas in Berkeley, California. That decision affirmed that such bans were already preempted by federal law and did not fully account for the broader implications of such policies on customer needs, energy reliability, and affordability.
Collectively, these organizations are taking a stand on behalf of the families and business owners in Washington D.C. and Maryland to ensure that our local governments consider the broader impact of these policies on their communities. The lawsuits aim to preserve customer choice and promote balanced, long-term solutions that prioritize safety, affordability, and reliability.
“At Washington Gas, our customers are at the heart of everything we do, and their priorities are our priorities, said Blue Jenkins, President of Washington Gas. “That’s why we’re standing alongside our customers and joining local businesses, restaurants, and home builders in dual lawsuits filed today in Washington, DC, and Montgomery County, MD, to challenge recent bans limiting customer choice in gas.”
“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, Maryland 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.” – Blue Jenkins, President, Washington Gas
“This lawsuit was necessary because D.C. and Montgomery County are attempting to regulate where they do not have jurisdiction. There is already a federal framework of regulations setting nationwide appliance standards for consumers that expressly preempt state and local regulations of appliance energy use and efficiency, with only narrow exceptions. These natural gas regulations are not simple changes. Restaurants that rely on gas fired cooking for the flavor and style of cooking for their menu offerings will have to recreate their businesses or close because natural gas will either not be available or, if it still is, at a much higher cost. In the end, the major impact of the regulations would be to jeopardize jobs and the diversity of the restaurant industry.” — Angelo Amador, Executive Director, Restaurant Law Center
“NAHB is concerned that the gas ban would exacerbate the housing affordability crisis by increasing costs on new homes, eliminate consumer choice and further strain America’s already stressed electric grid,” said NAHB Chairman Carl Harris, a custom home builder from Wichita, Kan. “We are committed to defending consumer choice and ensuring that Americans have the option of using natural gas to fuel their homes.”
From Beth Milito, Executive Director of NFIB’s Small Business Legal Center: “Small businesses depend on affordable, reliable energy sources to provide for their customers and serve their communities. The impact of these policies will have far-reaching consequences – from the small firms constructing new buildings to the small business owners operating out of them in the future. On behalf of Montgomery County’s small business community, NFIB is proud to stand alongside our fellow organizations in challenging this harmful policy.”
“Limitations on gas-powered appliances plainly disregard renter preferences, increase operating expenses and jeopardize the long-term viability and affordability of rental housing,” said National Apartment Association (NAA) General Counsel Ayiesha Beverly. “For both renters and housing providers, access to affordable energy – including gas services – is paramount. This lawsuit importantly prioritizes long-term affordability and consumer choice as it challenges these gas bans as preempted under federal law.”
“MBIA has grave concerns about any regulations that hamper the Housing Industry from supplying much needed housing to the region. Housing that is attainable to all is a priority for the Association, and the regulations will cause construction and energy costs to increase, which will further exacerbate the affordable housing crisis in the area.” – Lori Graf, President MBIA
“Banning natural gas on new construction cuts the number of work opportunities available to the skilled construction laborers that we represent,” said Ryan N. Boyer, Business Manager of LIUNA Philadelphia/Baltimore/Washington Laborers’ District Council. “In joining this lawsuit, we are fighting to protect good union jobs among our LIUNA members who live and work in Washington D.C. and Montgomery County who have the skillset to build natural gas projects safely and reliably as well as fighting to protect their energy options.”