Federal judge backs Oak Park's all-electric building rule in Illinois, rejects gas lawsuit

A federal judge has sided with Oak Park, Illinois, in a closely watched fight over whether local governments can require new buildings to be all-electric.

The ruling is a significant win for communities seeking to cut pollution from buildings and avoid locking in decades of new fossil gas use. It also represents a loss for the gas industry, which will seemingly oppose any regulation at the expense of the habitability of our planet.

What happened?

Under the village's all-electric building policy, new houses and commercial properties must be all-electric and avoid running on dirty fuels. 

But the ordinance was quickly challenged by the Clean Energy Choice Coalition, a deceptively named fossil fuel advocacy group that represents "propane, gas, construction, and landlord trade and labor groups," according to the Public Health Law Center.

On July 30, a federal judge ruled in favor of Oak Park, saying that the ordinance was not preempted by federal law, per the Chicago Tribune.

According Village of Oak Park President Vicki Scaman, who released a press statement after the victory in court, "This ruling is about what is right and what our planet urgently needs. In order to effectively combat climate change negatively affecting every community across our nation and globe, we must move away from reliance on petroleum."

Kevin J. Jackson, the Oak Park Village manager, added in the press release that, "It's gratifying that this ruling confirms what we've always held firm, [that] Oak Park has the authority to make its own decisions about reducing greenhouse gas emissions and protecting the health of our residents."

Why does it matter?

Around the country, efforts to require electrification or restrict gas in new buildings have been challenged in court. Industry critics say local governments should not have the power to curb or eliminate gas use in new construction, at the expense of our planet. Backers argue those policies help communities update their buildings while reducing the pollution that's fueling extreme weather events and the changing climate. 

A significant share of climate pollution comes from buildings, particularly when space heating, water heating, and cooking depend on gas. Making new buildings all-electric lowers emissions over time and makes it simpler to run homes and businesses on cleaner power.

There are also day-to-day cost and health considerations. Choosing electric systems can spare a building from the upfront expense of gas piping and gas appliances, and those gas systems may cost more to maintain later. At the same time, many people are focusing more on indoor air quality, especially in kitchens where gas stoves can release pollutants that include carcinogens and asthma-causing gases.

Court decisions that support local electrification measures may encourage other municipalities to consider similar requirements for new construction. In turn, that can shape what kinds of homes get built, which appliances are installed, and how communities plan for future energy demand.

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