Newark, N.J. – A New Jersey Township has notified a federal court that it will soon move to dismiss United States v. Township of Morris et al., a case where the federal government is trying to stop Morris Township from enforcing a local law that both combats climate change and protects its residents, especially children, from the adverse health effects associated with gas appliances.
In 2022, the Township adopted an ordinance requiring that certain new apartment buildings use “a permanent supply of electricity as the sole source of energy to meet building energy needs,” unless granted an exemption. In March 2026, the U.S. Department of Justice sued Morris Township, alleging that the Township’s All-Electric Ordinance is preempted by the federal Energy Policy and Conservation Act (EPCA).
In a letter sent per the court’s preferences and procedures, attorneys for Morris Township outlined the reasons the case should be dismissed. The case, the letter argues, amounts to federal government overreach into a matter of local concern, and the government’s complaint fails as a matter of law.
“Morris Township stands by its ordinance because we believe it reflects responsible planning for the Township’s future. The ordinance was adopted to promote public safety, support our first responders, encourage environmental stewardship, and ensure that future growth reflects modern building standards. While we respect the legal process, the Township remains committed to defending its ability to make thoughtful local decisions that protect the health, safety, and welfare of our residents,” said Jarrid Kantor, Municipal Attorney for the Township and a partner at Antonelli Kantor Rivera PC.
“This lawsuit is a blatant attempt to bully local communities trying to protect their residents and confront the realities of climate change,” said Matt Platkin, Founding Partner of Platkin LLP. “It’s a top-down attack on local authority, and the Trump administration would rather attack New Jersey towns for pursuing commonsense solutions than address the real harms families are already experiencing from extreme weather and pollution.”
“Through its case against the Township, the federal government is attempting to stifle local governments from taking action to protect their residents and others from the effects of climate change,” said Carrie Flaxman, Senior Legal Advisor at Democracy Forward. “We cannot continue to suffer the harm done when a government cares more about corporate profit margins and undermining science than the health and wellbeing of people and the planet. We are honored to join this fight.”
Platkin LLP, Antonelli Kantor and Rivera, and Democracy Forward are representing the Township in this matter. The legal team at Democracy Forward working on the case includes Simon Brewer, Carrie Flaxman, and Elena Goldstein.
Read the letter here.
