U.S. Appeals Court Strikes Down Berkeley Natural-Gas Ban
The Berkeley ban, adopted in 2019, was the first in the U.S. to prohibit installation of natural-gas lines for heating and cooking in new buildings Photo: Scott Olson/Getty Images By Mariah Timms April 17, 2023 6:42 pm ET A federal appeals court ruled Monday that a Berkeley, Calif., ordinance banning natural-gas lines in new construction illegally interferes with federal law, rejecting the city’s attempt to scale back reliance on the fossil fuel through building codes. The Berkeley ban, adopted in 2019, was the first in the U.S. to prohibit installation of natural-gas lines for heating and cooking in new buildings, an early harbinger of a growing national battle over natural gas use amid climate-change and health concerns. Other cities later adopted similar measures. A three-judg
The Berkeley ban, adopted in 2019, was the first in the U.S. to prohibit installation of natural-gas lines for heating and cooking in new buildings
Photo: Scott Olson/Getty Images
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A federal appeals court ruled Monday that a Berkeley, Calif., ordinance banning natural-gas lines in new construction illegally interferes with federal law, rejecting the city’s attempt to scale back reliance on the fossil fuel through building codes.
The Berkeley ban, adopted in 2019, was the first in the U.S. to prohibit installation of natural-gas lines for heating and cooking in new buildings, an early harbinger of a growing national battle over natural gas use amid climate-change and health concerns. Other cities later adopted similar measures.
A three-judge panel of the Ninth U.S. Circuit Court of Appeals in San Francisco sided with a legal challenge by the California Restaurant Association, which said chefs and restaurants who prefer cooking with natural gas couldn’t build or relocate as they wished because of the ban.
The panel found that the longstanding federal Energy Policy and Conservation Act pre-empts state and local authority in this area.
“By completely prohibiting the installation of natural gas piping within newly constructed buildings, the City of Berkeley has waded into a domain preempted by Congress,” Judge Patrick Bumatay, a Trump appointee, wrote for the panel.
The ruling reversed a 2021 decision by a U.S. district judge who rejected the challenge to the Berkeley ban.
Berkeley argued its ordinance didn’t interfere with federal energy policy and said it had the power to regulate building infrastructure to protect public health and safety. The Biden administration filed an amicus brief supporting the city during the appeal.
Berkeley City Attorney Farimah Faiz Brown said in a statement that the city was evaluating the decision and considering its next steps.
The California Restaurant Association welcomed the ruling and said natural-gas appliances are crucial for restaurants to operate effectively.
“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,” said the association’s president and CEO, Jot Condie.
All three judges on the panel were appointed by Republican presidents.
Write to Mariah Timms at [email protected]
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