NFIB has joined a coalition of organizations in filing a lawsuit against Montgomery County, Maryland. The legal action challenges the county's impending gas ban on new construction, which is set to be implemented in 2026. The National Federation of Independent Business (NFIB) partnered with Washington Gas Light Company, the Restaurant Law Center, the National Association of Homebuilders of the United States, the Maryland Building Industry Association, the Philadelphia-Baltimore-Washington Laborers’ District Council, and Teamsters Local 96 for this litigation.

Beth Milito, Executive Director of NFIB’s Small Business Legal Center, stated that "small businesses depend on affordable, reliable energy sources to provide for their customers and serve their communities." She expressed concern about the potential widespread impact on small firms involved in constructing new buildings and those operating from them in the future. "On behalf of Montgomery County’s small business community," she added, "NFIB is proud to stand alongside our fellow organizations in challenging this harmful policy."

Mike O’Halloran, NFIB Maryland State Director, emphasized that "this ban does not represent the needs of Maryland’s small businesses." He highlighted that main street owners are already grappling with rising costs and uncertainty. According to O'Halloran, they require dependable options within their budget and view this ban as an unnecessary mandate detrimental to small businesses.

The lawsuits claim that Montgomery County's gas ban is preempted by the Energy Policy and Conservation Act (EPCA), a federal law ensuring consistent energy use and efficiency standards for covered gas appliances across all U.S. locations.

The NFIB Small Business Legal Center continues its mission to protect small business owners' rights through active involvement in over 40 cases at various levels of federal and state courts nationwide.