West Virginia Leads 21 States Challenging Federal Ban on Gas Appliances
Summary
West Virginia, leading a 21-state coalition, has urged the Supreme Court to block federal Department of Energy efficiency standards that effectively ban many natural gas appliances. The coalition argues these standards violate the Energy Policy and Conservation Act by prohibiting appliances with protected performance characteristics.
What changed
West Virginia, along with 20 other states, has filed an amicus brief with the U.S. Supreme Court in American Gas Association v. U.S. Department of Energy. The brief challenges a D.C. Circuit decision that upheld Department of Energy (DOE) efficiency standards for furnaces and commercial water heaters. The states argue that these standards, which mandate performance thresholds only met by condensing appliances, effectively ban non-condensing natural gas appliances and violate the Energy Policy and Conservation Act (EPCA) by prohibiting appliances with protected "performance characteristics." The filing specifically references the Supreme Court's decision in Loper Bright to argue against agencies converting statutory ambiguity into broad regulatory power.
This action highlights a significant legal challenge to federal energy efficiency regulations that could impact consumers, particularly those in rural areas or with older housing stock, by forcing costly renovations or the abandonment of natural gas appliances. Compliance officers should monitor the Supreme Court's decision in this case, as it could have substantial implications for appliance manufacturers, energy providers, and consumers regarding appliance availability and cost. The coalition's argument centers on judicial review of agency interpretations and the potential for such rules to disproportionately affect certain populations.
What to do next
- Monitor Supreme Court proceedings in *American Gas Association v. U.S. Department of Energy*.
- Assess potential impacts of federal appliance efficiency standards on product offerings and consumer costs.
Source document (simplified)
West Virginia leads 21-state coalition urging Supreme Court to block federal rule eliminating natural gas appliances
February 24, 2026
West Virginia Attorney General JB McCuskey is leading a 21-state coalition, urging the United States Supreme Court to reverse a D.C. Circuit decision that upheld sweeping Biden-era Department of Energy (DOE) efficiency standards poised to eliminate many natural gas appliances from the market and households.
The DOE's amended efficiency standards require natural gas furnaces and commercial water heaters to meet performance thresholds that only condensing appliances can satisfy, effectively banning non-condensing appliances from the market. The coalition’s amicus, filed in American Gas Association v. U.S. Department of Energy, argues the Energy Policy and Conservation Act (EPCA) prohibits banning appliances with protected “performance characteristics.”
“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,” Attorney General McCuskey said. “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.”
In West Virginia alone, more than 335,000 households — nearly four in ten — rely on natural gas for home heating. A large share of the state's housing stock was built before 1978 and is incompatible with condensing appliances, meaning many homeowners would face costly structural renovations simply to replace an aging furnace or water heater.
The brief argues the decision from D.C. Circuit Court failed to independently analyze the statute as federal courts are required to do. " Loper Bright was decided to prevent exactly this kind of outcome," the brief states. "When courts decline to 'second-guess' agency interpretations, they permit agencies to convert statutory ambiguity into sweeping regulatory power — power that falls hardest on the people least able to bear it."
Attorneys general of Alabama, Alaska, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, and Texas joined the West Virginia-led brief.
Read the brief here.
Contact Name Kallie Cart
Contact Phone
304-558-2021 Contact Email kcart@wvago.gov
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