Oak Park electrification ordinance upheld!

The Pierce at 7 Van Buren in Oak Park is a modern, six-story, net-zero multifamily apartment constructed under the electrification ordinance guidelines.

On July 30th, the U.S. District Court for the Northern District of Illinois ruled that Oak Park's all-electric new-construction Ordinance remains fully enforceable. The decision is an important victory for Oak Park's climate goals and for the growing movement of communities and municipalities working to reduce fossil-fuel use in new buildings.

What does Oak Park's ordinance do?

Active since January 1, 2024, the Electrification Ordinance, as part of the Climate Ready Oak Park framework, requires newly constructed residential and commercial buildings to be all-electric, meaning they cannot use fossil fuels such as natural gas infrastructure as their primary energy source. The ordinance requires electric systems for heating, cooling, and other building needs, including heat pumps for heating and air conditioning. While it does not require existing homes or businesses to replace their gas appliances, it represents an important step toward reducing Oak Park’s greenhouse gas emissions and building a cleaner, more sustainable community.

Why was the ordinance challenged?

Oak Park’s Electrification Ordinance was challenged under the federal Energy Policy and Conservation Act (EPCA), which establishes energy-efficiency standards for certain appliances. The challengers argued that by preventing fossil-fuel appliances from being used in new buildings, Oak Park was effectively regulating those appliances’ energy use, which they argued is governed by federal law.

This argument followed a 2023 ruling involving Berkeley, California, which found that Berkeley’s natural gas ordinance was preempted by EPCA. Since then, however, other courts have taken a different approach. In Oak Park’s case, the court found that EPCA regulates the energy performance of appliances, while Oak Park’s ordinance regulates the types of energy systems that can be used in new buildings. This ruling follows recent decisions supporting local electrification policies in New York, Maryland, and Washington, D.C.

What now?

These decisions are helping establish a legal path for communities seeking to move new construction toward cleaner energy and reduce reliance on fossil fuels. Oak Park is at the forefront of this movement as the first community in Illinois and the Midwest to adopt an electrification ordinance. While the legal challenge may continue through an appeal, this ruling is an important step forward, not only for Oak Park’s climate goals, but for all communities working to build a cleaner energy future.

For more information about the ordinance being upheld, check out coverage by the Chicago Tribune and the Wednesday Journal.