In the latest suit, the department is going after Morris Township, New Jersey, and an ordinance it passed in 2022. The ordinance bans natural gas, propane gas, and fuel oil infrastructure and appliances in new apartment complexes or apartment-style housing with 12 or more dwelling units.  

“The Township’s illegal interference with national energy policy must be stopped,” said Assistant Attorney General Brett A. Shumate in a written statement. “Congress preempted local efforts to outlaw gas stoves and other appliances Americans count on and prefer. This case is about upholding that choice.”  

The 10-page lawsuit claims the ban is “not only bad policy, it is also unlawful.” It says the Energy Policy and Conservation Act preempts state and local regulations concerning energy efficiency, energy use, and covered products subject to a federal conservation standard.  

Morris Township’s ordinance states that gas appliances emit several pollutants, including carbon monoxide and nitrogen oxide, that are linked to “several adverse health effects, particularly in children.” It further states that all-electric buildings will reduce overall energy demand and are safer.  

Township officials declined to comment, saying that the litigation is currently under attorney review.  

The administration’s lawsuit against the City of Morgan Hill and the City of Petaluma in California resulted in the cities passing ordinances last month rescinding their previous prohibitions on natural gas. Whether the same occurs in Morris Township remains to be seen.  

Should the ordinance stand, HVAC contractors would continue to be limited in what they could install and service. Todd Titus, director of state and public affairs for Heating, Air-conditioning & Refrigeration Distributors International, previously told ACHR NEWS that allowing consumers to choose what is best for their unique living and financial situation is essential.  

“HARDI believes that consumer choice is not only a vital right of a consumer, but also important to maintaining a healthy market,” Titus said.  

The suit comes at a time when fuel prices are reaching record levels due to the U.S.-Israel war with Iran, putting a strain on consumers as they seek lower energy and utility bills.  

A Battle Over Affordable Energy  

Two months ago, New Jersey Acting Attorney General Jennifer Davenport joined a coalition of 13 attorneys general in filing a lawsuit against the Trump administration’s policy that terminated billions of dollars in funding for energy affordability programs designed to save consumers money on utility bills.  

“Let me be clear: I will do everything in my power to drive down energy costs and make life more affordable for all New Jerseyans,” Davenport said in a written statement. “But the Trump Administration is doing exactly the opposite, going out of its way to unlawfully gut programs that support affordable, clean energy — all in the name of seeking retribution against the President’s perceived political opponents.”  

In May 2025, the Department of Energy issued a policy memorandum asserting that it would subject projects to which it had previously awarded funding to a “review” process that was, according to Davenport’s office, designed to provide cover to eliminate energy and infrastructure programs.  

In September 2025, Office of Management and Budget Director Russell Vought announced on social media that the DOE would be terminating nearly $8 billion of renewable energy programs created by Congress. Vought’s post listed 16 states where projects would be defunded, including New Jersey.  

In January, the cancellation of seven clean energy grants by the Trump administration was deemed in violation of the Fifth Amendment by the U.S. District Court for the District of Columbia.