Paper: Energy Code Decarbonization Pathway to Accommodate the Ninth Circuit Court Ruling
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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What’s Inside:
- A breakdown of the Ninth Circuit ruling and its implications for state and local energy code authority.
- A detailed proposal for using the existing “additional efficiency credits” system to accommodate gas-fired equipment while maintaining overall code performance.
- Methodology for calculating efficiency tradeoffs, with examples across building types and climate zones.
- Policy recommendations to help jurisdictions avoid federal preemption challenges.
- Practical considerations for implementation, enforcement, and stakeholder alignment.
- Insights into how this approach can preserve decarbonization momentum while adapting to evolving legal and political conditions.
Why It Matters
With fossil fuel bans facing heightened legal challenges, particularly in the wake of the Ninth Circuit’s ruling, jurisdictions can no longer rely on outright prohibitions to advance climate goals. This legal uncertainty has left many state and local leaders searching for defensible alternatives that continue to prioritize emissions reductions without inviting litigation or violating federal preemption laws.
By offering both technical rigor and legal resilience, the proposed pathway equips energy code developers with a forward-looking tool that can be adapted across climate zones, building types, and political contexts. It empowers jurisdictions to uphold their climate commitments while navigating a complex and shifting regulatory landscape, ensuring that progress on clean energy and carbon reduction does not stall due to legal setbacks.
This model demonstrates that with the right design and stakeholder alignment, energy codes can remain powerful levers for policy-driven decarbonization, even in the face of federal limitations.
This paper is especially relevant for:
- State and local code officials and policy staff
- Building decarbonization advocates
- Energy efficiency program administrators
- Legal and regulatory advisors
- Code consultants, modelers, and engineers
- Anyone working to shape the next generation of energy policy
About the Authors and Collaboration
This paper was developed through a partnership between the City of Seattle, A2 Efficiency, and 2050 Partners. Together, the authors bring decades of combined experience in energy code development, policy strategy, and legal analysis, with a shared commitment to building decarbonization through practical and enforceable solutions.
