On November 6, 2025, the Guarini Center filed an amicus brief in support of New York City in Association of Contracting Plumbers v. City of New York, which concerns New York City’s prohibition of fossil fuel burning in most newly constructed buildings. Plaintiff-Appellants claim that New York City’s limitation on fossil fuel use is 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; the brief also highlights analogous preemption case law under the National Manufactured Housing Construction and Safety Standards Act that supports New York City’s regulation of fossil fuel use in new construction. EPCA does not preempt states from controlling the availability of fossil fuels or from restricting the installation of fossil fuel-consuming appliances for reasons unrelated to those appliances’ efficiency.
