Court throws out Berkeley, California's ban on natural gas
A federal appeals court has overturned Berkeley, California’s first-in-the-nation ban on natural gas in new construction, agreeing with restaurant owners who argued the city bypassed federal energy regulations when it approved the ordinance
BERKELEY, Calif. (AP) — A federal appeals court on Monday overturned Berkeley, California's first-in-the-nation ban on natural gas in new construction, agreeing with restaurant owners who argued the city bypassed federal energy regulations when it approved the ordinance.
The measure, which took effect in 2020 to cheers from environmentalists, was intended to reduce emissions of greenhouse gasses that contribute to global warming. With some exceptions, it banned new residential and commercial buildings from installing natural gas piping in favor of electrical lines.
A lawsuit by the California Restaurant Association claimed the regulation violated federal law that gives the U.S. government authority to set energy-efficiency standards for appliances such as stoves, furnaces and water heaters.
The Ninth U.S. Circuit Court of Appeals in San Francisco rejected a lower court judge’s decision two years ago that had upheld the Berkeley ordinance. In her 2021 decision, U.S. District Judge Yvonne Gonzalez Rogers said the city was not trying to regulate energy efficiency for appliances, only the fuel they used.
