Federal Court Upholds Village of Oak Park’s All-Electric New Construction Ordinance

Federal Court Upholds Village of Oak Park's All-Electric New Construction Ordinance

Victory

Federal judge rules Oak Park ordinance requiring new buildings to be all-electric is not preempted by federal law

Contacts

Julia Dionne, [email protected]

Dan Yopchick, [email protected]

A federal judge has ruled that the Village of Oak Park's ordinance requiring new buildings to be all-electric is not preempted by federal law, rejecting a legal challenge from a coalition of natural gas industry interests.

In a decision issued July 30, 2026, the U.S. District Court for the Northern District of Illinois found that the Village's building code amendments, part of its Climate Ready Oak Park (CROP) initiative, do not conflict with the federal Energy Policy and Conservation Act (EPCA). The ordinance, which has been in effect since January 1, 2024, requires new buildings and residences in the Village to use electricity rather than fossil fuels as their energy source.

The lawsuit was brought by Clean Energy Choice Coalition, NFP, whose members include gas industry contractors and building trade groups. The Village's win in this case follows the reasoning of a recent Second Circuit Court of Appeals decision and aligns Oak Park with a growing number of courts that have upheld similar local clean-building policies against EPCA preemption challenges.

"This decision joins a growing consensus of courts around the country that have recognized that local authorities like the Village of Oak Park have the authority to pass common sense legislation that reduces air pollution in our homes and schools, and helps address the climate crisis," said Gavin Kearney, Earthjustice Deputy Managing Attorney.

"This ruling is about doing what is right and what our planet urgently needs," said Scaman, Village President. "In order to effectively combat the climate change negatively effecting every community across our nation and globe, we must move away from reliance on petroleum. I am grateful for this ruling and the support of our Village Board, leadership, advocacy groups, and our partnership with Earthjustice for this win. Oak Park is leading in a necessary direction. As a member of the ICLEI Board, I am proud to further this movement away from fossil fuels for a stronger future."

"It's gratifying that this ruling confirms what we've always held firm," said Kevin J. Jackson, Oak Park Village Manager. "Oak Park has the authority to make its own decisions about reducing greenhouse gas emissions and protecting the health of our residents. We're grateful to everyone who stood behind this ordinance, including the community organizations that supported us throughout this litigation."

The Village's Climate Ready Oak Park framework, adopted in 2022, sets out a comprehensive plan to reduce greenhouse gas emissions and protect residents' health, safety and welfare. Updates to the building code were identified as a key step given the age of much of the Village's existing building stock.

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