Twenty-one states and 10 organisations are urging the US Supreme Court to review a federal appeals court ruling that upheld a Biden-era rule blocking the sale of non-condensing natural gas furnaces and certain commercial water heaters.
The petition, led by the American Gas Association, American Public Gas Association and National Propane Gas Association, asks the Court to overturn a 2-1 decision by the US Court of Appeals for the District of Columbia Circuit that if permitted to stand would remove efficient and affordable products used in millions of homes and businesses from the market.
Non-condensing furnaces, which would be illegal to manufacture in 2028 under the Biden-era rule, account for approximately 55 per cent of the market for natural gas furnaces in the United States.
In many homes, they cannot be replaced with condensing models without significant structural modifications, requiring costly renovations or eliminating natural gas as a heating option.
“This decision from the D.C. Circuit will hurt working families in West Virginia, seniors on fixed income and those in our rural communities more than any other, as they will be forced to either pay for costly home renovations or give up natural gas altogether,” according to West Virginia Attorney General JB McCuskey, who led the state coalition.
“That is why it is so important for us to lead this coalition in asking the Supreme Court to step in and restore the rule of law.”
McCluskey said in West Virginia alone, more than 335,000 West Virginians, approximately four out of every 10 households, rely on natural gas to heat their homes. Over 35,000 businesses do the same.