Attorneys for the state of New York agreed in a federal court filing Nov. 12 to suspend the implementation of the All-Electric Buildings Act, which had been scheduled to go into effect in January.
The law would prohibit heating oil and natural gas from being used in new construction, including single-family homes and apartments shorter than seven stories. By 2029 the law would have applied to all buildings with limited exceptions.
The New York State Builders Association, the National Association of Home Builders and trade groups representing the propane industry along with building and plumbing trade unions sued the state in 2023, saying the law violates the federal Energy Policy and Conservation Act, which restricts states from regulating gas in appliances.
A federal court disagreed with the plaintiffs’ claims in July 2025, finding that EPCA did not pre-empt the All-Electric Buildings Act because the state law did not concern the “energy use” of products covered by the federal law. The court found that EPCA stipulated energy efficiency rules, not whether certain fuels were allowed.
The plaintiffs appealed to the 2nd U.S. Circuit Court of Appeals. The appellate court has yet to decide on the case.
New York Secretary of State Walter T. Mosley filed a stipulation agreement to suspend the effective date of the mandate “to avoid further litigation” and “uncertainty during the appellate process.” The plaintiffs in turn agreed to withdraw their motion for an injunction.
The suspension will remain in effect 120 days after the 2nd Circuit rules, if the Supreme Court does not take up the case.
Gov. Kathy Hochul (D) “remains committed to the All-Electric Buildings law and believes this action will help the state defend it, as well as reduce regulatory uncertainty for developers during this period of litigation,” wrote Ken Lovett, a spokesperson for the governor. “Gov. Hochul remains resolved to providing more affordable, reliable and sustainable energy for New Yorkers.”
The law is a key part of New York’s strategy under the 2019 Climate Leadership and Community Protection Act to reduce emissions from fossil fuels over the next 25 years. State energy officials have identified buildings as responsible for one-third of statewide greenhouse gas emissions.
The news comes within a week of the Hochul administration issuing permits for a natural gas pipeline in New York and air permits for a gas plant to power a cryptocurrency mine. (See Permits for Trump-Favored Gas Pipeline Approved by N.Y. and N.J.) Environmental groups have accused the governor of backtracking on climate issues.
“We are deeply discouraged by this unnecessary delay and look forward to this appeal being resolved in a timely manner so this cost-saving, common-sense affordability and clean energy measure can move forward,” John Lindsay, spokesperson for the Building Decarbonization Coalition, said in an emailed statement. “Every day of inaction slows progress toward safer and more affordable new homes and buildings.”
“Gov. Hochul is backsliding on one of New York’s most important affordability and climate laws,” said Michael Hernandez, New York policy director for Rewiring America. “Now, she’s using litigation as cover to delay the All-Electric Buildings Act.”
