DOJ Files Gas Ban Suits Against 2 California Cities

Washington, D.C. (Jan. 7, 2026) — The Justice Department has filed gas ban suits against two California cities over their ordinances banning natural gas (and propane) infrastructure and appliances in new construction.

As detailed in the complaint, filed Jan. 5 in the Northern District of California, the city of Morgan Hill’s and the city of Petaluma’s natural gas bans drive up energy costs for consumers and weaken American energy dominance. These policies reflect an effort to outlaw federally regulated gas stoves, furnaces, water heaters, dryers and other appliances that American families rely on every day to cook their meals and heat and run their homes.

“Especially during winter, Americans deserve reliable, affordable energy,” said Assistant Attorney General Brett A. Shumate. “… Efforts to undermine American energy dominance must be stopped.”

“President Donald J. Trump’s executive orders to unleash and protect American energy reaffirm the laws Congress has passed to ensure that all Americans have reliable access to affordable energy,” said Principal Deputy Assistant Attorney General Adam Gustafson of the Justice Department’s Environment and Natural Resources Division. “When states and cities pick winners and losers, consumers pay the price. Our complaint seeks to restore consumer choice so that people and businesses can build in a way that fits their needs best.”

The complaint asks the court to declare that the cities’ natural gas bans are preempted by federal law and enter a permanent injunction against their enforcement. And it is the latest action from the Justice Department fighting back against state and local overreach. Earlier this year, the department filed in support of a challenge to New York City’s similar natural gas ban. 

Read the full complaint here.

NPGA Responds to Gas Ban Suit, Covers Impact on Propane

The National Propane Gas Association (NPGA) released a statement in its newsletter, The Bobtail, about the two lawsuits. In the statement, NPGA shared it is working closely with the DOJ on this matter.

“This lawsuit reflects the [Trump] administration’s increased focus on challenging municipal energy bans that conflict with federal law and exceed local authority. These ordinances unlawfully interfere with federal control over energy markets and appliance standards, violate the Energy Policy and Conservation Act, and directly conflict with the CRA v. Berkeley decision. The cities have already responded claiming that they are not currently enforcing their bans.

“NPGA has long raised concerns about local fuel bans and has been in communication with the DOJ for months outlining the legal and practical problems these ordinances create as well as helping identify local laws in conflict with federal law. In earlier communications, NPGA emphasized that municipal energy bans can restrict consumer choice, increase costs, undermine energy reliability and conflict with federal statutes governing energy policy.

“The DOJ’s actions against Morgan Hill and Petaluma demonstrate that these concerns are being taken seriously at the federal level. … NPGA will continue to engage with federal policymakers and keep members informed as the litigation proceeds, while advocating for policies that recognize propane’s role in the U.S. energy system.”