Berkeley Natural Gas Ban Remains Reversed

A court declined to revisit its decision to invalidate a city ban on natural gas hookups.

1 minute read

January 4, 2024, 11:00 AM PST

By Diana Ionescu @aworkoffiction


Close-up of lit burner on natural gas stove with blue flame and small yellow flame shooting up.

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The Ninth Circuit Court of Appeals declined to reconsider its reversal of a Berkeley, California ban on natural gas hookups in new buildings, marking a defeat for a movement aimed at eliminating fossil fuel-burning appliances. Ysabelle Kempe explains in Smart Cities Dive, noting that similar lawsuits have led to reversals in other states.

In April, a court panel agreed with a coalition of California restaurant owners that the ban ‘overstepped’ the federal Energy and Policy Conservation Act. “The decision led other jurisdictions in the region to reconsider their own building electrification rules to avoid legal threats, with Eugene, Oregon, reversing its gas ban altogether and Washington state changing recently adopted building codes that would have mandated electric heat pumps in new buildings.”

Natural gas has been shown to significantly degrade indoor air quality. Berkeley officials have not commented on whether they plan to take the case to the U.S. Supreme Court, the next legal recourse.

Tuesday, January 2, 2024 in Smart Cities Dive

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