The Biden administration recently filed a motion to request the reinstatement of a ban on natural gas hookups in new buildings proposed by the city of Berkeley, California. The Department of Justice argued that the Energy Policy and Conservation Act of 1975 does not prevent local officials from addressing health and safety concerns. The court had ruled in April that Berkeley’s law, which technically only banned gas pipes rather than appliances in new building construction, violated the EPCA. The DOJ then filed an amicus brief with the U.S. Court of Appeals for the Ninth Circuit to address this issue.
Berkeley’s city council passed the ban in July 2019, with plans to enact it in January 2020, making it the first city in the nation to do so. It was part of their effort to take drastic stances on climate change and reduce greenhouse gas emissions. However, the California Restaurant Association (CRA) filed a federal lawsuit against the law. The lower court ruled in favor of Berkeley in July 2021, but the CRA filed an appeal, leading to the April ruling.
The case garnered the attention of industry groups and environmental groups, with the American Gas Association and the Air Conditioning, Heating, and Refrigeration Institute supporting CRA, while the National League of Cities, California, Maryland, New York, Oregon, Washington D.C., and New York City supported Berkeley’s ordinance.
Overall, the DOJ believes that the panel opinion in the case overturned settled expectations, and they hope to resolve their concerns with the court’s ruling. The case may set a precedent for similar laws across the country, and Berkeley will continue to evaluate their next steps.
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