Appeals court strikes down Berkeley natural gas ban

A federal appeals court on Monday struck down a ban on natural gas pipelines in the city of Berkeley, California, on the grounds that it would violate a 1975 federal law.

In 2019 Berkeley became the first city in the country to pass a measure banning gas piping in new buildings. However, shortly thereafter the California Restaurant Association (CRA) filed a federal lawsuit against it, and although a lower court ruled in favor of the law in 2021, the CRA filed an appeal that led to Monday's ruling.

The Ninth Circuit Court of Appeals unanimously ruled that the city's action violates the Energy Policy and Conservation Act (EPCA), which prevents local regulations from affecting 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. 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," the ruling states.

CRA President and CEO Jot Condie was pleased with the court's decision and explained that natural gas appliances are crucial for restaurants to function effectively and efficiently.

"Cities and states cannot ignore federal law in an effort to constrain consumer choice, and it is encouraging that the Ninth Circuit upheld this standard," he said.

Meanwhile, the Department of Energy continues to consider regulations limiting natural gas. This is despite the fact that even several Democrats have joined Republicans in demonstrating their non-conformity with the gas stove regulations.