Litigation is an important tool to defend and advance public health policy. This tracker provides information and official court documents from select lawsuits within the focus areas of the Public Health Law Center, including commercial tobacco control, climate justice, and healthy eating. Some cases are relevant to cross-cutting issues that affect public health, such as preemption and First Amendment considerations. The Public Health Law Center has supported public health goals as an amicus curiae, or friend-of-the-court, by filing briefs (included here) with relevant information that the court may choose to consider. You can read more about the Function and Role of Amicus Briefs in Public Health Litigation.
Public Health Topics
Displaying 1 - 10 of 15

Clean Energy Choice Coalition, NFP v. Village of Oak Park, IL (2025)

A coalition of propane, gas, construction, and landlord trade and labor groups has sued the Village of Oak Park, IL. The industry groups argue that ordinances updating the village’s energy code are preempted by the federal Energy Policy and Conservation Act (“EPCA”). Their argument is based on the inclusion of electrification requirements for certain new buildings in the village ordinances.

State

Illinois

Most Recent Activity

Status

Closed

Restaurant Law Center v. Denver (2024)

Trade associations representing restaurants, home builders, hotels, apartments, and propane sued the City and County of Denver over its building codes, arguing that they are preempted by the federal Energy Policy and Conservation Act (“EPCA”).

State

Colorado

Most Recent Activity

Status

Closed

Maryland Building Industry Association, Inc. et al v. McIlwain (2025)

Trade groups for the gas industry, builders, building owners, and developers sued the Maryland Department of the Environment, arguing that the state’s Building Energy Performance Standards are preempted by the federal Energy Policy and Conservation Act (EPCA).

State

Maryland

Most Recent Activity

Status

Open

Mulhern Gas Co. v. Mosley (2023)

A collection of trade groups and labor unions have sued New York State over 2023 laws that would restrict the use of fossil-fuel equipment in new buildings.

State

New York

Most Recent Activity

Status

Open

United States v. Township of Morris (2026)

The U.S. Justice Department sued Morris Township, New Jersey alleging that its ordinance restricts natural gas, propane gas, and fuel oil infrastructure and appliances in new construction are preempted by the Energy Policy Conservation Act.

State

New Jersey

Most Recent Activity

Status

Open

Rinnai America Corp. v. South Coast Air Quality Management District (2024)

Trade associations representing home builders, manufacturers, hotels, apartments, and restaurants, as well as the pipefitters trade union, sued the South Coast Air Quality Management District (“SCAQMD”) in California, arguing that its newly adopted zero-emission nitrogen oxide (“NOx") standard for water heaters is preempted by the federal Energy Policy and Conservation Act (“EPCA”).

State

California

Most Recent Activity

Status

Open

National Association of Home Builders et al. V. Montgomery County (2024)

A group of industry organizations sued Montgomery County, MD over the county’s “Comprehensive Building Decarbonization” law, also known as Bill 13-22. This law requires the County Executive to issue new building standards eliminating fuel combustion from many new buildings.

State

Maryland

Most Recent Activity

Status

Open

Colorado Apartment Association v. Ryan (2024)

Trade groups for landlords, hotels, and developers sued the City and County of Denver and the State of Colorado, arguing that state and local rules to reduce building energy use and emissions are preempted by the federal Energy Policy and Conservation Act (EPCA).

State

Colorado

Most Recent Activity

Status

Open