Morris Township to defend its 2022 apartment "all-electric" ordinance; outside counsel retained

Morris Township said April 22 it will defend a federal lawsuit challenging a 2022 ordinance that requires newly constructed apartment buildings of 12 or more units to be all-electric.

Mayor Griglia told the township committee and residents that the ordinance was adopted after public consideration and that the township stands by the policy, which "only applies to newly constructed apartment complexes or apartment-style housing with 12 or more dwelling units" and "does not require anyone to remove appliances from existing homes or buildings." He said officials believe the ordinance advances climate leadership, improves air quality and public safety, and promotes long-term resilience for new multifamily buildings.

The statement followed public questions about the litigation and requests for greater transparency. Resident Brian O'Shea highlighted the federal docket (226 CV3412) and pressed the committee to disclose estimated legal costs, whether the township sought a waiver from the Department of Energy under the Energy Policy and Conservation Act (EPCA), and whether the committee would consider repeal or amendment as an alternative to litigating to judgment.

Town legal counsel and the mayor responded that the township has secured pro bono support from two outside firms and that the arrangement is expected to limit direct costs to taxpayers. At a later point in the meeting the committee approved a resolution authorizing a legal services agreement with named firms, including Democracy Forward, to coordinate defense in the federal action.

During a public comment exchange, a resident questioned whether the township had conducted sufficient pre-adoption legal due diligence, referencing Ninth Circuit precedent in a similar Berkeley case. The mayor and counsel said those court developments were considered and noted that several district courts in other circuits have upheld ordinances similar to Morris Township's; they said such decisions informed the township's assessment of likely success in the Third Circuit and at the district-court level.

The township did not provide a numeric estimate of total litigation expenses at the meeting beyond saying most work will be covered by pro bono counsel and that minimal township-paid review and coordination will occur. Mayor Griglia also said the township will provide periodic public updates as appropriate but declined to discuss ongoing litigation specifics.

The committee voted to approve the legal retainer resolution to secure the outside counsel that will assist in defense of the case. The mayor reiterated the township's intent to defend the ordinance and to pursue the matter through the courts while respecting the legal process.

What's next: the township said it will post updates as the litigation proceeds; members of the public were directed to federal court dockets (PACER) for filings in the meantime.