Maryland, Tainted by Proximity to the Swamp and Vulnerable to Demagoguery, Goes Off Its Rocker on Gas

Guest post by Jim Willis of Marcellus Drilling News.

Maryland is a sad state. It’s completely ruled by leftists who seek to impoverish its residents by forcing them to use expensive and unreliable renewable energy.

There is actually some Marcellus/Utica shale under Maryland (in a couple of far-western counties), but the state outlawed shale fracking nearly 10 years ago when then-Gov. Larry Hogan (a RINO and Trump-hater) allowed a Maryland bill to become law that bans fracking in the state (see Maryland’s Pusillanimous Gov Allows Frack Moratorium to Become Law).

The latest attack against fossil energy is a new state regulation that phases out gas stoves, furnaces, water heaters, and other appliances at big residential and commercial buildings to “fight climate change.” Not so fast. Builders and one utility company have sued to block the new reg from taking effect.

The plaintiffs — including the Maryland Building Industry Association, the Maryland Multi-Housing Association, Washington Gas Light Company, and several Montgomery County developers — seek to block Maryland’s new Building Energy Performance Standards, a regulation that took effect in late December. Godspeed to them in their quest to resist this insanity.

A group of developers and a utility sued Maryland Environment Secretary Serena McIlwain on Monday, seeking to block a recently-enacted regulation aimed at phasing out natural gas.

The plaintiffs — including the Maryland Building Industry Association, the Maryland Multi-Housing Association, Washington Gas Light Company and several Montgomery County developers — seek to block Maryland’s new Building Energy Performance Standards, a regulation that took effect in late December.

They argue the regulation is preempted by the federal Energy Policy and Conservation Act, passed during the energy crisis of the 1970s, which they say was amended to prohibit local and state governments from enacting their own standards.

They also say the regulation is “fundamentally inconsistent with the public interest,” and will exacerbate the state’s housing shortage and restrict consumers’ choices.

The standards, abbreviated as BEPS, seek to phase out gas stoves, furnaces, water heaters and other appliances at big residential and commercial buildings in an effort to fight climate change.

They require developers of properties over 35,000 square feet (excluding parking) to begin reporting data on carbon emissions this year, and to reduce those emissions by 20% by 2030. They are required to have no carbon emissions by 2040 and are subject to escalating fines for emissions above the standards beginning in 2030.

Historic, agricultural, manufacturing and federal buildings are exempt, as are schools.

“The goal is for covered buildings to efficiently ?achieve zero net direct greenhouse gas emissions by 2040,” an MDE webpage on the regulation states.

“Efficient net-zero emissions buildings improve comfort, resilience, and reliability, and provide savings on energy costs compared to old, inefficient buildings that run on fossil fuels.”

Fines for noncompliance are at least five years away, the zero-carbon requirement is in 15 years, but the developers say the regulation is having an immediate and costly effect.

“Even though the Maryland BEPS do not demand zero carbon dioxide emissions until 2040, their restrictions on gas appliances have a chilling effect now and are already undermining Plaintiffs’ livelihoods, harming profits, disrupting long-term business strategy and asset planning, jeopardizing jobs, and hampering the ongoing development of new and desperately needed multifamily homes,” the complaint states.

The group cites a 2023 decision by the U.S. Court of Appeals for the Ninth Circuit, which blocked a ban on gas appliances in Berkeley, California, because it was preempted by the same federal law. The decision prompted Eugene, Oregon, to reverse a similar ban.

The decision states, in part, “(The Energy Policy and Conservation Act) would no doubt preempt an ordinance that directly prohibits the use of covered natural gas appliances in new buildings.”

“EPCA expressly preempts state and local regulation of appliance energy use and efficiency, with only narrow exemptions,” states the complaint, filed by Scott Novak and J. Mark Little of the firm Baker Botts.

A spokesman said the Maryland Department of the Environment would respond to the complaint as appropriate.

“Buildings account for a significant portion of our carbon emissions, which means reducing their pollution is essential to meeting our climate goals,” spokesman Jay Apperson wrote in an email. “The good news is that many Maryland buildings already meet the standards in this regulation. Meeting our clean buildings goals will not only reduce pollution, it will save energy and save money.”

Many of the same plaintiffs filed a similar complaint in federal court in October, attempting to reverse a ban on natural gas appliances in Montgomery County, Maryland’s largest jurisdiction. The county passed a law in 2023 requiring all-electric building standards for new construction by the end of 2026.

The county defended the “Decarbonization Law” in a motion to dismiss filed last week, arguing it is important to fight climate change. It argued the plaintiffs lacked standing, the claim was not ripe and the federal law did not preempt local law because it applied to appliances, not buildings.

“It does not frustrate the EPCA’s purpose of uniform appliance efficiency standards, which will remain intact and unaffected by the Decarbonization Law,” the motion to dismiss states. “As the Decarbonization Law does not regulate the efficiency of gas appliances, it is not preempted by the EPCA.”

Editor’s Note: Why are the Northeast States such as Maryland, New Jersey and New York such cesspits of irrationality? Because they are heavily urbanized and full of people with no connection to freedom, land, or reality. The cities are full of people with no clue as to any life that is not dependent on government. They are, therefore, easily demagogued by soulless politicians and special interests who see them as the ticket to power and riches.

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