The National Federation of Independent Business (NFIB) is one of several organizations that filed a lawsuit in Montgomery County, Maryland, over the county’s gas ban on new construction.
NFIB filed the 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,” Beth Milito, executive director of NFIB’s Small Business Legal Center, said. “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.”
The lawsuits argue that the gas ban is preempted by the Energy Policy and Conservation Act, a federal law designed to ensure covered gas appliances are subject to consistent energy use and efficiency standards regardless of where they are sold in the United States.
“This ban does not represent the needs of Maryland’s small businesses,” Mike O’Halloran, NFIB Maryland State Director, said. “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 ban is set to take effect in 2026.