A lawsuit has been filed against Maryland’s emissions rules for large buildings, claiming they violate federal law and harm consumer choice.
Washington: Trade groups for builders and developers, along with Washington Gas, have filed a lawsuit against Maryland’s emissions reduction rules for large buildings. They argue that the state’s requirement for buildings over 35,000 square feet to achieve net-zero emissions by 2040 is illegal.
The lawsuit claims that federal law gives the U.S. Department of Energy the authority to set energy standards, not individual states. The plaintiffs say Maryland’s rules are not in the public’s best interest and could worsen the housing crisis.
Maryland’s Building Energy Performance Standard is a key part of its climate strategy, as buildings contributed to 16% of the state’s carbon emissions in 2020. These regulations were created following the Climate Solutions Now Act of 2022, which aims for net-zero emissions by 2045.
The rules impact various types of buildings, including offices and apartment complexes, but some historic and agricultural buildings can apply for exemptions. To comply, many owners will need to switch from gas appliances to electric ones.
Starting in June, building owners must submit an assessment of their energy use, with the first emissions cuts not required until 2030. The Maryland Department of the Environment is currently reviewing the lawsuit and has defended its regulations.
While retrofitting buildings will be costly, estimates suggest it could lead to significant energy savings in the long run. The lawsuit references a previous ruling that struck down a similar ordinance in California, arguing that Maryland has not applied for a necessary federal waiver.
Critics of the lawsuit believe it misinterprets federal law and undermines efforts to reduce emissions. Washington Gas has previously challenged similar regulations in Montgomery County and D.C., claiming they threaten its customer base and increase costs.
The lawsuit includes several Maryland housing developments, like Leisure World, which could face high retrofitting costs. Residents in these communities, many on fixed incomes, may struggle to afford compliance.
Homebuilders argue that the regulations will make it harder to meet customer preferences for natural gas appliances, potentially driving up costs and reducing new construction.
