REDWOOD SHORES, Calif., Dec. 5, 2024 /PRNewswire/ — Reichman Jorgensen Lehman & Feldberg LLP (RJLF) has filed a lawsuit on behalf of a coalition of manufacturers, businesses, affordable housing interests, and workers seeking to prevent enforcement of South Coast Air Quality Management District regulations that effectively ban certain gas appliances.
The plaintiffs, representing thousands of California residents, businesses, and workers, include Rinnai America Corporation, Noritz America Corporation, National Association of Homebuilders, California Manufacturers & Technology Association, California Restaurant Association, California Hotel & Lodging Association, and California Apartment Association, all represented by RJLF and Sean Kneafsey of the Kneafsey Law Firm. Californians for Homeownership is represented by Matt Gelfand, Restaurant Law Center is represented by Angelo Amador, and the California State Pipe Trades Council by McCracken, Stemerman & Holsberry.
The coalition’s suit asserts that the District’s zero-NOx emissions rule for certain appliances, which effectively bans those gas appliances, is preempted by the federal Energy Policy and Conservation Act (EPCA) and should be blocked. The District’s rule not only effectively mandates the use of electric appliances in new buildings but also forces costly retrofits to electric in existing buildings when appliances are replaced. This rule threatens the reliability and affordability of energy for millions of Californians, will impose enormous costs and disruption on businesses and workers, and will reduce the availability of affordable housing.
Earlier this year, the U.S. Court of Appeals for the Ninth Circuit held that Berkeley, California’s ban on gas piping in new buildings was preempted by EPCA (California Restaurant Association v. City of Berkeley, 89 F.4th 1094 (9th Cir. 2024)). The District’s rule is legally indistinguishable, and the same result applies.
“This case is pivotal to reinforcing the federal and state roles in setting national energy policy,” said Sarah Jorgensen, lead counsel for the plaintiffs at RJLF. “The District’s mandate for electric appliances in both new construction and forced retrofits not only jeopardizes our clients’ work, business, and interests but also disregards established federal law. California must comply with the law.”
The case is Rinnai America Corp. et al. v. South Coast Air Quality Management District, No. 2:24-cv-10482, in the United States District Court for the Central District of California.
About Reichman Jorgensen Lehman & Feldberg LLP
Reichman Jorgensen Lehman & Feldberg LLP (RJLF) is a national trial firm that handles high-stakes energy, commercial, intellectual property, and white collar disputes. The firm is majority women-owned, reinventing the practice of law without the billable hour in favor of fee arrangements that align client interests. RJLF’s attorneys are diverse, exceptionally credentialed, and passionate about trial advocacy. From offices in Silicon Valley, New York, Washington, D.C., Austin, and Atlanta, the firm tries cases and argues appeals throughout the country. For more information, visit www.reichmanjorgensen.com.
Contact
Sarah Jorgensen
[email protected]
(650) 623-1403
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