Illinois Suburb Can Ban Gas Appliances, Judge Rules. Take That, Berkeley.

A federal judge just gave a small Chicago suburb a pretty big win, upholding its ban on gas appliances in new buildings. Oak Park, Illinois, can indeed tell new construction to skip the natural gas lines, a ruling that immediately makes things awkward for a certain California city that tried (and failed) to do the same.

The core argument here? Oak Park's ban isn't about how efficient your gas stove is; it's about whether you get to have a gas stove at all. And that, according to U.S. District Judge Franklin Valderrama, is a crucial distinction that keeps it from bumping up against federal energy laws.

The Legal Loophole

Last month, a court sided with Oak Park against a group arguing the 2023 ban violated the federal Energy Policy and Conservation Act (EPCA). The EPCA sets efficiency standards for appliances, which sounds like it should apply, right? Not so fast, said the judge.

Valderrama basically explained that Oak Park is regulating the type of energy, not the efficiency of the appliances that use it. It's like saying, "You can't have a car that runs on dreams," not "Your dream-powered car needs to get 50 miles per gallon." Since Oak Park isn't messing with federally regulated efficiency, the EPCA's preemption clause — which usually says federal law trumps local — doesn't apply.

This is a rather elegant legal sidestep, if you ask us. And it stands in stark contrast to the fate of Berkeley, California, which famously became the first city to ban natural gas in new buildings back in 2019. Berkeley's approach, however, was deemed a "circuitous" way around the EPCA by an appeals court, leading the city to drop its ban in 2024. Ouch. Many other California cities that followed Berkeley's lead have since had to backtrack.

But it's not all bad news for gas-free hopefuls. New York City's similar ban was upheld in 2025, proving that there's more than one way to skin this particular legal cat (or, in this case, ban a gas hookup).

The Road Ahead

With courts split and the debate heating up, U.S. Representative Nick Langworthy introduced a bill late last year, the Energy Choice Act, aimed at stopping any state or local bans on gas appliances based on energy type. Because apparently, that's where we are now: federal intervention on your stovetop.

Naturally, small business advocates are on board, citing concerns about rising electricity demands and economic harm. Meanwhile, Oak Park Village President Vicki Scaman is celebrating the win as a clear step toward reducing greenhouse gas emissions. The group that challenged Oak Park hasn't said if they'll appeal, but whispers suggest this whole gas appliance saga might eventually land on the doorstep of the U.S. Supreme Court. Because nothing says "fun legal precedent" like arguing about kitchen appliances.