Department of Justice sues New Jersey town over natural gas hook-up ban
In 2022, the Township banned natural gas, propane gas, and fuel oil infrastructure and appliances in new apartment complexes or apartment-style housing with 12 or more dwelling units.
(The Center Square) — A New Jersey Township is being sued by the Department of Justice over a law that bans new natural gas hook-ups, with prosecutors claiming the town is "illegally" interfering with the federal government's energy policies.
The lawsuit, filed in U.S. District Court in New Jersey, alleges that Morris Township’s natural gas ban "denies consumers reliable, resilient, and affordable energy, as well as the use of commonplace gas appliances for cooking, heating, and other household needs" and "weakens our nation’s energy dominance."
"The Township’s gas ban is not only bad policy, it is also unlawful. " The DOJ wrote in the 10-page complaint. "The Energy Policy and Conservation Act preempts state and local regulations concerning the energy efficiency” or energy use of any covered product subject to a federal energy conservation standard."
In 2022, the Township banned natural gas, propane gas, and fuel oil infrastructure and appliances in new apartment complexes or apartment-style housing with 12 or more dwelling units. Local officials said the restrictions were needed to help wean homeowners and businesses off natural gas and other fossil fuels to meet the state's climate change goals.
But Deputy Assistant Attorney General Adam Gustafson of the Justice Department’s Environment and Natural Resources Division said only the federal government has "exclusive authority" to regulate appliances and infrastructure and called Morris Township's law "local overreach" of national energy policies.
"Banning natural gas is illegal," he said in a statement. "It makes heating, cooking, drying, and other life functions more unaffordable for consumers. This Administration is committed to unleashing American energy and empowering Americans."
New Jersey's climate change plans call for substantially reducing the state's greenhouse gas emissions by 2050, in part, by weaning homes and businesses off natural gas and other fossil fuels to keep the lights turned on and heat their homes. Former Gov. Phil Murphy, a Democrat who pushed through climate change plans during his tenure, repeatedly denied that the state was considering a ban on gas stoves.
In 2023, the New Jersey Board of Public Utilities approved new rules that encourage the state’s power companies operating in New Jersey to offer customers incentives for switching their appliances like gas stoves and hot water heaters to electric. The new regulations are voluntary, regulators say.
The DOJ's lawsuit is the latest volley in the culture wars fight over gas stove bans, with states weighing restrictions on the appliances as part of dual efforts to cut greenhouse gas emissions and reduce childhood illnesses such as asthma.
"This latest litigation in New Jersey follows two successful lawsuits in California as this Department of Justice fights to make energy more affordable for Americans," Attorney General Pam Bondi said in a statement. "Radical environmentalist policies that drive up costs and limit consumer choice will not stand."
Public health groups say gas-burning stoves are linked to respiratory illness like asthma, cardiovascular problems, cancer, and other health ailments, especially when not used with proper ventilation.
But critics say policies aimed at forcing consumers to ditch fossil-fuel-powered appliances will affect the estimated 40 million Americans who use gas stoves. They say the health and environmental concerns are being overblown.
New Jersey Republicans have sought to block any efforts to ban gas stoves as the state takes aggressive steps to reduce its greenhouse gas emissions. A proposal filed by Senate GOP lawmakers would prohibit New Jersey from banning the sale, installation or operation of gas stoves and other appliances. But the measure has failed to gain traction in the Democratic-controlled Legislature.