Southern California can keep a landmark rule that’s meant to spur the electrification of certain boilers and water heaters across the smog-choked region.
Late last week, a federal court upheld the first-in-the-nation regulation, which will gradually eliminate emissions of nitrogen oxides (NOx) from more than 1 million fossil-gas appliances in the South Coast Air Quality Management District that covers greater Los Angeles. It applies to light-industrial and commercial boilers, steam generators, and process heaters, as well as residential pool heaters and tankless water heaters.
Opponents of the rule, led by gas-appliance makers and building trade groups, had sued in December to invalidate the standards.
“This decision recognizes our air regulators’ long-established authority to adopt life-saving protections — and sends an undeniable signal to manufacturers and businesses that the future of California’s industrial sector is electric,” Candice Youngblood, an attorney for Earthjustice, which intervened to defend the rule in court, said in a July 21 statement.
The measure is ultimately expected to reduce pollution by 5.6 tons of NOx per day — the same as halving smog-forming emissions from cars in the region.
Advocates say the ruling could help to reenergize efforts around the country to replace fossil-fuel-burning equipment with electric heat pumps and other clean technologies in homes and commercial operations.
Such initiatives have stalled since April 2023, when a different federal court struck down Berkeley, California’s pioneering ban on gas hookups in new buildings. The court said the city’s gas ban was preempted by the federal Energy Policy and Conservation Act and thus wasn’t valid. The groups suing to stop Southern California’s zero-emission boiler rules pointed to Berkeley to claim that the measure also conflicted with the federal energy-efficiency law.
On July 18, the U.S. District Court for the Central District of California found otherwise. The court clarified that the Berkeley ruling is “very narrow” in scope and applies to building codes that concern energy use. The measure in Southern California regulates only appliances’ emissions. Put another way, “It’s about what comes out of the appliance — not what goes in,” explained Nihal Shrinath, a staff attorney for the Sierra Club, which also intervened in the case.
Last week’s court ruling “is a really big deal,” both because it enables significant emissions reductions and it affirms that air-quality measures can withstand such legal challenges, he told Canary Media.
