A federal appeals court ruled unanimously Monday that a natural gas ban proposed by the City of Berkeley, California, would illegally circumvent federal law.
The U.S. Court of Appeals for the Ninth Circuit ruled that Berkeley’s natural gas piping ban, which the city’s government passed in 2019 as part of its climate agenda, violated the federal Energy Policy and Conservation Act (EPCA) of 1975. By banning gas pipes in new building construction, the city effectively violated the EPCA which prevents local regulations from impacting the energy use of natural gas appliances.
“Instead of directly banning those appliances in new buildings, Berkeley took a more circuitous route to the same result,” Judge Patrick Bumatay wrote in the opinion of the court Monday. “It enacted a building code that prohibits natural gas piping into those buildings, rendering the gas appliances useless.”
“In sum, Berkeley can’t bypass preemption by banning natural gas piping within buildings rather than banning natural gas products themselves,” he continued in the ruling. “EPCA thus preempts the Ordinance’s effect on covered products.”
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In July 2019, Berkeley’s city council passed the ban which was set to go into effect in January 2020, making the city the first in the nation to approve such a measure. Berkeley Councilwoman Kate Harrison, who authored the legislation, said at the time that it was part of the city’s effort to take “more drastic action” on climate change and curb greenhouse gas emissions.
However, months after it was approved, the California Restaurant Association (CRA) filed a federal lawsuit challenging the city’s ability to pass a law banning new natural gas hookups. After a lower court ruled in favor of Berkeley in July 2021, the CRA filed an appeal, leading to Monday’s ruling.
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“The Ninth…
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