Second Circuit Creates Circuit Split with Ninth Circuit on EPCA Preemption of Natural Gas Restrictions

Short summary

The Second Circuit's June 2026 decision in Mulhern Gas upheld New York's fossil-fuel appliance bans, creating a circuit split with the Ninth Circuit's 2024 CRA decision on EPCA preemption. Days later, the Ninth Circuit narrowed its own approach in Rinnai America, distinguishing rather than repudiating CRA. The fractured landscape makes Supreme Court review of EPCA preemption increasingly likely.

• •Second Circuit upheld New York gas bans, splitting with Ninth Circuit's CRA decision on EPCA preemption
• •Ninth Circuit narrowed its approach in Rinnai America, distinguishing CRA on narrower grounds
• •Supreme Court review of EPCA preemption is now a real possibility

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