BALTIMORE — The United States District Court for the District of Maryland yesterday rejected the Maryland Building Industry Association, Inc.’s challenge to Maryland’s Building Energy Performance Standards (BEPS), arguing the policy, which requires large buildings to gradually achieve net-zero emissions by 2040, is not pre-empted by federal law. The ruling follows decisions in federal court late last week upholding Montgomery County's Comprehensive Building Decarbonization Ordinance as well as Washington, D.C.’s Clean Energy DC Building Code Amendment Act of 2022.
This trend toward upholding state and local clean building policies is playing out in other states as well, including New York. Courts continue to disagree with the Ninth Circuit decision of California Restaurant Association v. City of Berkeley, which struck down a similar ordinance.
In response to today’s decision, a coalition of environmental organizations released the following statements:
“Maryland’s buildings are one of the top sources of pollution in our state, exacerbating the risk of asthma and other chronic health conditions. We applaud the U.S. District Court for the District of Maryland for yet again upholding the rights of local and state governments to tackle this pollution head-on and require buildings to invest in clean, energy efficient technology,” said Sari Amiel, staff attorney with Sierra Club’s Environmental Law Program. “It’s clear that policies to invest in healthier, more affordable homes are legally sound.”
“Maryland’s Building Energy Performance Standards are critical to helping address the 16% of climate pollution that comes from Maryland’s buildings. While fossil fuel lobbyists and their allies have sought to weaken these standards, we applaud today’s decision that ensures Maryland has the right to demand cleaner air and better performance from some of the biggest sources of pollution in our state,” said Anne Havemann, deputy director and general counsel at the Chesapeake Climate Action Network. “Communities across Maryland should take note: you have every right to help reduce energy costs and invest in healthier, more affordable homes by pursuing stronger building standards.”
“The US District Court for the Districts of Maryland and Washington, D.C. have sent a clear message: states and local governments can be confident to move forward with the range of decarbonization and electrification programs,” said Tim Oberleiton, senior attorney for Earthjustice. “Making our homes and buildings more efficient and prioritizing efficient electric equipment can bring energy costs down, deliver cleaner air, and help us meet our climate goals. It’s clear the fossil fuel industry and its allies are clinging to the past. This decision affirms that our state leaders don’t have to as well.”
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