The Ninth Circuit Court of Appeals ruled that Berkeley does not have the power to mandate electric hookups in new development because a federal rule preempts the local regulation.
A ruling by the Ninth Circuit Court of Appeals ruled has overruled a Berkeley city ordinance banning natural gas hookups in new buildings—a dramatic legal setback for the first citywide ordinance mandating all-electric power in the United States.
Maya Earls and Samantha Hawkins report on the court ruling for Bloomberg Law, noting that the lawsuit was pursued by the California Restaurant Association and that the ruling hinged on a question of preemption. In the end, the court ruling decided that the city ordinance was preempted by the federal Energy Policy and Conservation Act (EPCA).
“Berkeley can’t bypass preemption by banning natural gas piping within buildings rather than banning natural gas products themselves,” the panel wrote in the ruling.
“By its plain text and structure, EPCA’s preemption provision encompasses building codes that regulate natural gas use by covered products,” Judge Patrick J. Bumatay wrote for the panel. “And by preventing such appliances from using natural gas, the new Berkeley building code does exactly that.”
Berkeley approved its natural gas ban in 2019, setting the stage for San Francisco, Seattle, and other cities to approve their own versions of gas bans. Natural gas hookups became a flare in the culture war earlier this year after a commissioner for the U.S. Consumer Product Safety Commission suggested the agency could ban gas stoves, like the city of Berkeley attempted to do at the local level.
FULL STORY: Berkeley Ban on Natural Gas Hookups Tossed by Ninth Circuit
2024: The Year in Zoning
Cities and states are leaning on zoning reform to help stem the housing crisis and create more affordable, livable neighborhoods.
Research: Sprawl Linked to Poverty
Low-income families living in high-sprawl neighborhoods are limited in their access to education, jobs, and other amenities, often trapping them in a cycle of poverty.
NACTO Releases Updated Urban Bikeway Guide
The third edition of the nationally recognized road design guide includes detailed design advice for roads that prioritize safety and accessibility for all users.
Modular Workforce Housing Offers a Lifeline for Western Towns
Rapidly rising housing costs are pushing out the residents at the heart of local economies in resort towns across the country.
Noise as a Public Health Hazard
New ways of measuring the effects of sound on human health are helping communities fight back against noise pollution.
'Place Shock' and the Ecology of Fear
How to conceive of rebuilding places amid sudden change in a region known for its “ecology of fear?” As the city embarks on the arduous task of rebuilding, the question arises: how do we reconcile the imperatives of safety and sustainability with the deeply ingrained human desire for continuity, for a sense of rootedness in the familiar?
Urban Design for Planners 1: Software Tools
This six-course series explores essential urban design concepts using open source software and equips planners with the tools they need to participate fully in the urban design process.
Planning for Universal Design
Learn the tools for implementing Universal Design in planning regulations.
Northeast Ohio Areawide Coordinating Agency (NOACA)
Ada County Highway District
Charles County Government
Chaddick Institute at DePaul University
HUDs Office of Policy Development and Research
HUDs Office of Policy Development and Research
NYU Wagner Graduate School of Public Service
City of Cambridge, Maryland