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

Trump Administration Could Effectively End Housing Voucher Program
Federal officials are eyeing major cuts to the Section 8 program that helps millions of low-income households pay rent.

Planetizen Federal Action Tracker
A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

Ken Jennings Launches Transit Web Series
The Jeopardy champ wants you to ride public transit.

Driving Equity and Clean Air: California Invests in Greener School Transportation
California has awarded $500 million to fund 1,000 zero-emission school buses and chargers for educational agencies as part of its effort to reduce pollution, improve student health, and accelerate the transition to clean transportation.

Congress Moves to End Reconnecting Communities and Related Grants
The House Transportation and Infrastructure Committee moved to rescind funding for the Neighborhood Equity and Access program, which funds highway removals, freeway caps, transit projects, pedestrian infrastructure, and more.

From Throughway to Public Space: Taking Back the American Street
How the Covid-19 pandemic taught us new ways to reclaim city streets from cars.
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