DC Net‑Zero Upheld
A federal judge dismissed homebuilders’ challenge and left Washington, D.C.’s net‑zero emissions mandate for new construction intact, with the rule set to take effect by year‑end. ( ) The ruling clears the near‑term path for local codes that will require lower‑emission specs on new builds unless overturned on appeal. (x.com)
U.S. District Judge Ana C. Reyes issued a Memorandum Opinion and Order on March 26, 2026, granting the District’s cross‑motion for summary judgment and denying the plaintiffs’ motion for summary judgment and injunctive relief in National Association of Home Builders et al. v. District of Columbia (No. 1:24‑cv‑02942). (pacermonitor.com) The lawsuit was filed by a coalition including the National Association of Home Builders, National Apartment Association, Restaurant Law Center, Washington Gas Light Company and regional trade groups; the docket lists those organizations as plaintiffs. (dockets.justia.com) Plaintiffs argued the federal Energy Policy and Conservation Act (EPCA) preempts D.C.’s Clean Energy D.C. Building Code Amendment Act of 2022, which bans on‑site fuel combustion for thermal energy and requires net‑zero construction standards; that statute is codified as D.C. Law 24‑177. (publichealthlawcenter.org) (code.dccouncil.gov) Judge Reyes rejected the preemption theory advanced by the plaintiffs and entered judgment for the District, a ruling reported by energy‑policy press outlets as rebuffing the claim that federal appliance standards bar local bans on gas hookups and combustion. (eenews.net) (subscriber.politicopro.com) The District’s Department of Buildings says the net‑zero energy code is slated for adoption by December 31, 2026, and advocacy trackers note the rule covers commercial buildings, condos and apartments and single‑family homes taller than three stories while carving limited exemptions for emergency generators and essential facilities. (dob.dc.gov) (modelclimatelaws.org) Because the court resolved the parties’ competing summary‑judgment motions and entered judgment on March 26, 2026, plaintiffs ordinarily have 30 days from that entry to file a notice of appeal to the U.S. Court of Appeals for the D.C. Circuit under Federal Rule of Appellate Procedure 4(a)(1)(A). (law.cornell.edu)
