During the American Revolutionary War, the area around Morris Township served as George Washington’s headquarters on multiple occasions. Today, it finds itself in the crosshairs of a different Washington: Washington, D.C.
In what would prove to be one of her final actions in the role, then–U.S. Attorney General Pam Bondi authorized the filing of a complaint against Morris Township on March 31, 2026. The federal lawsuit alleges that building requirements in a 2022 township ordinance, which ban the use of fossil‑fuel appliances such as natural gas, propane, and oil systems in certain new apartment buildings, violate the federal Energy Policy and Conservation Act of 1975 (EPCA) and the Supremacy Clause.
The U.S. Department of Justice’s (DOJ) lawsuit follows recent federal wins against local governments in California that enacted similar restrictions on installing natural gas infrastructure and using gas‑powered appliances. The complaint casts the Morris Township ordinance as part of a "radical left effort" to block “unleashing American energy dominance” and relies heavily on the Ninth Circuit’s amended opinion in California Restaurant Association v. City of Berkeley, which held that EPCA preempts local gas‑piping bans in new buildings
These Are the Times That Try Men’s Souls
Located in northern New Jersey, Morris Township was formed in 1740 and incorporated as a township in 1798. The municipality’s doughnut shape completely surrounds Morristown, which became its own town in the 1860s and was formally split from Morris Township by the 1890s. Morris Township is home to the nation’s first National Historical Park at Morristown and, as of late, a legal fight with the federal government over local limits on fossil‑fuel use in certain new construction.
At a meeting on April 20, 2022, the Township Committee introduced Ordinance 08-22. Citing concerns about overall energy supply and demand, climate change, and the dangers posed by carbon monoxide, nitrogen oxides, and other pollutants, the ordinance proposed a building mandate requiring all new apartment complexes with 12 or more units to be all‑electric buildings. Under Ordinance 08‑22, affected new buildings may not install natural gas piping, propane gas, or oil infrastructure to meet building energy needs such as heating, cooling, water heating, cooking, and clothes‑washing and drying. The ordinance includes an exception process that allows permits for mixed‑fuel buildings when the Planning Board finds that electrification would be physically or technically infeasible, but it specifies that financial considerations alone are not enough.
Ordinance 08‑22 passed unanimously on May 18, 2022, with all Township Committee members, including the Republican member, voting in favor.
In addition to Morris Township itself, the DOJ suit names the current mayor (who was not in office when Ordinance 08‑22 was adopted), all current Township Committee members, the Consulting Township Engineer, and the Construction Code Official as defendants. The complaint argues that Morris Township’s ordinance violates federal law by restricting consumer choice among different energy types for covered buildings.
Does the EPCA Hold Sway?
Enacted in the wake of the 1970s oil crisis, EPCA created a federal framework for regulating the energy use and energy‑efficiency standards of certain covered products, including many household appliances and equipment. The DOJ’s lawsuit contends that these covered products fall squarely within EPCA’s preemption provision at 42 U.S.C. 6297(c), which limits state and local governments’ ability to adopt rules “concerning the energy efficiency, energy use, or water use” of federally regulated appliances. Because Morris Township did not obtain a preemption waiver and does not qualify for an exception, the complaint argues that Ordinance 08‑22 conflicts with EPCA and is therefore invalid under the Supremacy Clause.
The DOJ asks the federal court to declare Ordinance 08‑22 void and unenforceable, which would allow the use of natural gas, propane, and oil appliances in the new multi‑unit buildings covered by the local rule. Township officials have acknowledged the lawsuit publicly but say they have not yet been served and will not comment until their attorneys review the complaint. For now, Morris Township’s requirement that new apartment complexes with 12 or more units be all‑electric remains on the books.
Related Resources
- Water Wars Over Appliance Efficiency (FindLaw’s Federal Courts)
- Cell Phone Warning Law Upheld for City of Berkeley (FindLaw’s Ninth Circuit)
- What Is the Supremacy Clause and Why Should You Care? (FindLaw’s Law and Daily Life)
