DOJ Sues NJ Township Over Natural Gas Ban

DOJ News

Filed April 1st, 2026

Detected April 2nd, 2026

Summary

The U.S. Department of Justice filed a lawsuit against Morris Township, New Jersey, challenging its ordinance banning natural gas, propane, and fuel oil infrastructure in new construction as federally preempted. This follows successful DOJ actions against two California cities that subsequently rescinded their natural gas bans. The DOJ argues the township's ban drives up energy costs and improperly interferes with federally regulated appliances.

View original document View source feed page

What changed

The DOJ filed a complaint in the District of New Jersey against Morris Township challenging its ordinance that bans natural gas, propane gas, and fuel oil infrastructure and appliances in certain new construction. The complaint alleges the township's ban is preempted by federal authority over appliance regulation and drives up costs for consumers. This action follows the DOJ's successful lawsuits against the Cities of Morgan Hill and Petaluma, California, which both rescinded their similar prohibitions after the federal suit.

Morris Township must now respond to the federal complaint and faces potential court orders invalidating its ordinance. The township's governing body should engage legal counsel immediately and consider whether to modify or rescind the ban to avoid protracted litigation costs. Legal counsel should assess the strength of the federal preemption arguments and prepare a defense or negotiate with DOJ. This case sets a precedent for similar local bans nationwide, as the DOJ has signaled it will actively pursue state and local governments enacting natural gas restrictions.

What to do next

Engage legal counsel to respond to the federal complaint filed in the District of New Jersey
Evaluate the ordinance's vulnerability to federal preemption arguments and assess defense strategy
Consider whether to modify or rescind the natural gas ban ordinance to mitigate litigation costs and risks

Source document (simplified)

News

Press Release

Justice Department Sues New Jersey Township Over Natural Gas Ban

Wednesday, April 1, 2026

Share For Immediate Release Office of Public Affairs Latest lawsuit follows capitulation of two California cities over similar bans The Justice Department has filed a lawsuit against Morris Township, New Jersey, over its ordinance banning natural gas, propane gas, and fuel oil infrastructure and appliances in certain new construction. This lawsuit is another example of the Department hard at work in keeping President Donald J. Trump’s promise to the American people to restore consumer freedom and cut energy costs.

As detailed in the complaint, filed Tuesday in the District of New Jersey, Morris Township’s natural gas ban drives up energy costs for everyday American consumers and weakens our Nation’s energy dominance. Such policies reflect a radical left effort to outlaw federally regulated gas stoves, furnaces, water heaters, dryers, and other appliances that American families rely on daily to cook their meals and heat their homes.

“This latest litigation in New Jersey follows two successful lawsuits in California as this Department of Justice fights to make energy more affordable for Americans,” said Attorney General Pamela Bondi. “Radical environmentalist policies that drive up costs and limit consumer choice will not stand.”

“The Department brought this lawsuit to protect American citizens the Township abandoned by kowtowing to progressive fearmongering in passing its natural gas ban,” said Associate Attorney General Stanley Woodward.

“The Township’s illegal interference with national energy policy must be stopped,” said Assistant Attorney General Brett A. Shumate. “Congress preempted local efforts to outlaw gas stoves and other appliances Americans count on and prefer. This case is about upholding that choice.”

“Where the federal government has exclusive authority to regulate appliances and infrastructure, we will fight state and local overreach,” said Principal Deputy Assistant Attorney General Adam Gustafson of the Justice Department’s Environment and Natural Resources Division. “Banning natural gas is illegal. It makes heating, cooking, drying, and other life functions more unaffordable for consumers. This Administration is committed to unleashing American energy and empowering Americans.”

Read the full Department of Justice complaint here.

The case is the latest action from the Justice Department fighting back against state and local overreach. Earlier this year, the Department successfully sued two California cities, for similar progressive natural gas bans. As a result of the Department’s suit, the City of Morgan Hill and the City of Petaluma passed ordinances earlier this month rescinding their previous prohibitions on natural gas, in recognition of their unlawfulness.

Updated April 1, 2026 Components Office of the Attorney General Civil Division Environment and Natural Resources Division Press Release Number: 26-309