On December 13, 2024, the Guarini Center filed an amicus brief in support of New York State in Mulhern Gas Co., Inc. v. Mosley, which concerns New York State’s planned limitations on the installation of fossil fuel infrastructure and appliances in newly constructed buildings. Plaintiffs claim that New York’s planned limitations are preempted by the federal Energy Policy and Conservation Act (EPCA), which provides a national framework for appliance energy efficiency standards. The Guarini Center’s brief examines the text and structure of EPCA and argues that neither supports Plaintiffs’ preemption argument attacking New York’s law. EPCA does not preempt states from controlling the availability of fossil fuels through building codes or from restricting the installation of fossil fuel-consuming appliances for reasons unrelated to those appliances’ efficiency.
