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Supreme Court Vacates Decision Outlawing Gas Stoves, Water Heaters
On Monday, the Supreme Court vacated a lower court ruling that upheld Biden Energy Department regulations that would outlaw gas stoves and water heaters in Americans’ homes and require homeowners with these to either renovate their homes or switch to electric appliances.
In American Gas Association, et al. V. Dept. Of Energy, et al, the District of Columbia’s district court upheld the Biden Administration’s regulations banning the use of non-condensing appliances, effectively eliminating gas furnaces and water heaters from the marketplace.
In response, the American Gas Association, American Public Gas Association and National Propane Gas Association asked the U.S. Supreme Court to review the decision. In their petition to the high court for a writ of certiorari, they stressed the consequences of allowing the lower court’s decision to stand:
“The Energy Policy and Conservation Act (EPCA) prohibits the Department of Energy from adopting efficiency standards that ban consumer access to appliances with distinct performance characteristics.
“In this case, the Department adopted standards abolishing gas-fired furnaces and water heaters that work with existing venting systems in millions of homes and buildings across the country. These standards will force consumers to either renovate their homes or switch to electric appliances.”
"The Department may not adopt standards that effectively eliminate from the market products that have distinct 'performance characteristics,'" Solicitor General John Sauer wrote in a brief to the high court.
On Monday, in apparent concurrence with Sauer’s analysis, the Supreme Court granted the petition, vacated the ruling and sent the case back to the D.C. court, ordering it to reconsider its decision supporting the Biden Administration regulations:
“The petition for a writ of certiorari is granted. The judgment is vacated, and the case is remanded to the United States Court of Appeals for the District of Columbia Circuit for further consideration in light of the position asserted by the Solicitor General in his brief for the United States filed on April 28, 2026.”