Washington, D.C. (Oct. 21, 2024) – NFIB joined a coalition of organizations in filing a lawsuit in Montgomery County, Maryland challenging the County’s gas ban on new construction set to take effect in 2026. NFIB filed this litigation in partnership with Washington Gas Light Company, the Restaurant Law Center, the National Association of Homebuilders of the United States, the Maryland Building Industry Association, the Philadelphia-Baltimore-Washington Laborers’ District Council, and Teamsters Local 96.
“Small businesses depend on affordable, reliable energy sources to provide for their customers and serve their communities,” said Beth Milito, Executive Director of NFIB’s Small Business Legal Center. “The impact of these policies will have far-reaching consequences – from the small firms constructing new buildings to the small business owners operating out of them in the future. On behalf of Montgomery County’s small business community, NFIB is proud to stand alongside our fellow organizations in challenging this harmful policy.”
“This ban does not represent the needs of Maryland’s small businesses,” said Mike O’Halloran, NFIB Maryland State Director. “Main Street owners are already facing soaring cost pressures and unprecedented uncertainty. They need dependability and options that fit their budget. This ban is one more unnecessary mandate that will ultimately harm the small business community.”
The lawsuits argue that the gas ban in Montgomery County, Maryland is preempted by the Energy Policy and Conservation Act (EPCA), a federal law designed to ensure covered gas appliances are subject to consistent energy use and efficiency standards no matter where they are sold in the United States.
The NFIB Small Business Legal Center protects the rights of small business owners in the nation’s courts. NFIB is currently active in more than 40 cases in federal and state courts across the country and in the U.S. Supreme Court.
