This paper explores the challenges and opportunities presented by recent court rulings on building energy codes and fossil fuel use. It looks at how states can balance decarbonization goals with compliance requirements and offers practical solutions for implementing effective energy codes.

Together with Duane Jonline (lead author from City of Seattle) and Neil Bulger from A2 Efficiency, Shilpa Surana and Kristen Driskell from 2050 Partners examine the legal and practical implications of the Ninth Circuit Court ruling on the City of Berkeley, California, which challenged the legality of banning fossil fuel combustion equipment in new buildings. 

The team presents an alternative approach to achieving decarbonization goals, using a system of additional efficiency credits to allow for the use of gas-fired equipment in certain circumstances. It outlines a methodology for calculating these credits and discusses the potential implications for different building types and climate zones.

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