Brothers and Sisters,

The implementation of New York State’s Natural Gas ban has been suspended, pending the outcome of an appeal process in a lawsuit Local 97is a party to, along with several other labor unions and trade organizations under the case of Mulhern Gas Co., Inc., et al., v. Walter T. Mosley, in his official capacity as Secretary of State of the State of New York.

On October 12, 2023, Mulhern Gas Co., Inc., et al., filed suit in United States District Court for the Northern District of New York alleging New York States Natural Gas ban is expressly preempted by federal law.The District Court ruled in favor of the State of New York on August 21, 2025. On August 22, an appeal was filed in the US Second Circuit Court of Appeals. Additionally,a motion for an injunction on the Natural Gas ban pending the outcome of theappeal was filed on September 10. On November 12, 2025, the State of New York agreed to suspend the implantation of the Natural Gas ban legislation until all paths of appeal by Local 97 and the other plaintiffs have been exhausted, up to and including the US Supreme Court.

The effective date of the natural gas ban is suspended pending final disposition of the Plantiffs’ appeal in the Second Circuit and, if necessary,the final decision by the US Supreme Court. If the Supreme Court declines to hear the case, the suspension shall terminate 120 days after that decision. If the Supreme Court agrees to hear the case, the suspension shall terminate 120 days after their final judgment. Local 97 does not expect the Second Circuit to hear this case until at least late Spring of 2026. Any determination by the Second Circuit and appeal to the Supreme Court, if necessary, would not come until late 2026.

As of November 13, 2025, this agreement has been signed by a designee of Letitia James, Attorney General of the State of New York, and by the attorneys representing Local 97 and the other Plantiffs. This is extremely good news for our members, and the security of their jobs. Local 97 will continue to pursue a just resolution to this lawsuit, and continue to fight for reliable, cost-effective energy for the people of the State of New York.

In Solidarity,

The Officers and Staff of Local Union 97, IBEW, AFL-CIO

‍