Federal Court Upholds All-Electric New Construction Ordinance
Published on August 03, 2026
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 granted summary judgment in favor of the Village, finding 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.
Click here to read the ruling
"This ruling is about doing what is right and what our planet urgently needs," said Village President Vicki Scaman. "In order to effectively combat 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” added Scaman. “Oak Park is leading in a necessary direction. As a member of the ICLEI USA Board, I am proud to further this movement away from fossil fuels for a stronger future.”
Scaman was appointed to the ICLEI USA Board of Directors in March 2026, joining a distinguished group of local government leaders from across the country committed to advancing sustainability and climate action. Click here to read more.
"It’s gratifying that this ruling confirms what we've always held firm,“ said Oak Park Village Manager Kevin J. Jackson. “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 extends its thanks to Earthjustice, which served as one of the Village's attorneys in this matter on a pro bono basis. Earthjustice's work helping to defend Oak Park's ordinance reflects the broader effort by public health and environmental organizations nationwide to support local governments' authority to reduce reliance on fossil fuels in new construction.
“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, Clean Energy Program.
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, with updates to the building code identified as a key step given the age of much of the Village's existing building stock.
About Oak Park - The Village of Oak Park, located just nine miles west of downtown Chicago, offers a distinctive urban/suburban lifestyle in a thriving, multi-cultural community. Well-known for progressive values, tree-lined streets and bustling business districts, Oak Park serves as an ideal place to live, work and play. As a longstanding community of choice, the Village benefits from convenient access to local and regional transit, high-quality public schools, and arts and cultural attractions, including Frank Lloyd Wright’s home and studio and his acclaimed Unity Temple, which was recently designated as a UNESCO World Heritage site.
About Earthjustice -Earthjustice is the premier nonprofit environmental law organization. We wield the power of law and the strength of partnership to protect people's health, to preserve magnificent places and wildlife, to advance clean energy, and to combat climate change. We are here because the earth needs a good lawyer.