Federal Appeals Court Upholds Gas Appliance Ban in Los Angeles Area

A federal appeals court has upheld a ban on the manufacture, sale, and installation of gas appliances in four counties of the Los Angeles area. The 9th U.S. Circuit Court of Appeals in Pasadena ruled 2-1 on Thursday that the ban, aimed at reducing emissions of nitrous oxides, does not conflict with federal law.

The South Coast Air Quality Management District implemented the zero-emissions rule for large water heaters, small boilers, and process heaters in June 2024 to combat severe smog and comply with federal ozone standards. Compliance deadlines began on January 1, and the rule is projected to cut nearly 10% of emissions in the South Coast Air Basin, which includes parts of Los Angeles, Orange, Riverside, and San Bernardino counties.

Judge Lucy Koh, writing for the majority, stated that overturning the rule would imply a repeal of the Clean Air Act, which opponents failed to demonstrate was Congress's intent. The dissenting opinion from Judge Kenneth Lee noted similarities to a previous case where federal law preempted a local ordinance in Berkeley, California.

Opponents of the ban, including the National Association of Home Builders and various California trade groups, are currently assessing their next steps following the ruling. Barbara Baird, representing the South Coast Air Quality Management District, emphasized that the decision aligns with Congress's intent to maintain uniform energy conservation standards while allowing for necessary public health protections.