On December 10, 2025, the Guarini Center filed an amicus brief in support of New York State in Mulhern Gas Co., Inc. v. Mosley, which concerns a challenge to New York State’s law directing the State Fire Prevention and Building Code Council to prohibit fossil fuel equipment and building systems in most newly constructed buildings. Plaintiff-Appellants claim that New York State’s law 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 State’s regulation of fossil fuel supply infrastructure and fossil fuel-fired appliances 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.
