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The Path to Overturning the Massachusetts Gas Ban Runs Through the Supreme Court

8 October 2025

As many of you know, NEHPBA has been fundraising to challenge regulatory “gas bans.” I want to update you on where things stand.

After careful review, the plaintiff group unanimously decided we cannot move forward with a Massachusetts lawsuit at this time. Here’s why:

  1. All MA appellate and nearly all 1st Circuit judges are Democratic appointees.
  2. A pending MA case could delay the U.S. Supreme Court from taking up an Energy Choice case. Other lawsuits across the country are farther along and more likely to set the stage for a ruling.
  3. A potential loss here could undermine Energy Choice laws in NH and ME, which both passed by narrow margins.

In short, filing in Massachusetts now could actually slow the path to the Supreme Court and risk weakening Energy Choice protections across New England.

Instead, the New York appeal presents the strongest opportunity. A win there would create a clear precedent and the best trajectory for success nationally—and here in Massachusetts. Contributions from MA members are directly supporting that effort. You can donate to the NYS appeal here.

At the same time, NEHPBA is actively engaged on state energy policy. Just this week, 11 members joined us at Advocacy Day at the State House to discuss energy choice, safety, and business challenges with lawmakers.

I encourage you to contact your representatives. I’ll provide email templates, talking points, and store visit invitations—and I’d be glad to join you.

Please reach out with any questions.


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