Preemption of Natural Gas

This is the latest in a series of LSSC toolkits aimed at providing a one-stop-shop for all of the messaging, media, legal, and research resources associated with individual issue areas that are commonly preempted. Click here to view them all.

This document was last updated in April 2022.

Messaging 101

• Embracing clean and renewable energies is one of the best ways many communities can do their part to curb climate change.

  • That’s why there’s a growing movement to end the burning of fossil fuels inside homes and buildings, instead turning to alternatives such as electric power. 

  • This ensures homes and buildings are as affordable, safe, and climate-friendly as possible.

• But the gas industry has lobbied hard and successfully to pass state laws that undermine these bans. Twenty states now preempt local bans on natural gas hook-ups.

• The speed and scale of this lobbying effort shows how alarmed the gas industry is by the efforts of cities, states, businesses – and now the Biden administration – to sharply reduce fossil fuel use. Gas utilities and the American Gas Association are working on multiple fronts to convince lawmakers and the public that using natural gas is compatible with addressing climate change, despite scientific evidence to the contrary. 

• Bills backed by fossil fuel interests to stop cities from banning natural gas stoves and other natural gas appliances in new homes and businesses leave localities without the tools they need to reduce the causes of climate change and protect their communities. 

• Cities must have the authority and flexibility to use tools proven to combat the causes and consequences of climate change and protect the health and safety of their residents. 

Media Examples

• Cities tried to cut natural gas from new homes. The GOP and gas lobby preemptively quashed their effort | CNN, 2/17/22

• Environmentalists blast Gov. DeSantis for blocking local phase-outs of oil and gas as fuel sources | Florida Phoenix, 6/22/21

• Senate committee eyes vote to shield natural gas from cities’ bans | Ohio Capital Journal, 6/15/21

• Cities Hate It, But Ducey Signs Bill Banning Local Bans on Natural Gas Anyway | Phoenix New Times, 2/24/20

• Colorado gave local governments more power to regulate oil and gas. And some are using it. | The Colorado Sun, 3/31/21

Legal Resources

• State Preemption Bills Passed and Pending – A Mid-session Snapshot | Local Solutions Support Center, 4/26/21

• California Restaurant Association v. Berkeley and Local Natural Gas Restrictions | Columbia Law School, Climate Law Blog, 7/7/21

• California's Cities Lead the Way to a Gas-Free Future | Sierra Club, 7/22/21

• Gas Interests Threaten Local Authority | NRDC, 1/19/21

• San Jose's Proposed Building Reach Code Explained | NRDC, 9/4/19

Research Resources

• Rhetoric v. Reality: The Myth of "Renewable Natural Gas" for Building Decarbonization | EarthJustice, July 2020