A federal appeals court ruled unanimously Monday that a natural gas ban proposed by the City of Berkeley, California, would illegally circumvent federal law.
proposed by the City of Berkeley, California, would illegally circumvent federal law.
“Instead of directly banning those appliances in new buildings, Berkeley took a more circuitous route to the same result,” Judge Patrick Bumatay wrote in the opinion of the court Monday. “It enacted a building code that prohibits natural gas piping into those buildings, rendering the gas appliances useless.”
Berkeley Councilwoman Kate Harrison, who authored the legislation, said at the time that it was part of the city’s effort to take “more drastic action” on climate change and curb greenhouse gas emissions.Christopher Sadowski “The Ninth Circuit has unanimously affirmed the central issue in this case: local ordinances cannot override federal law,” CRA President and CEO Jot Condie said in a statement on Monday. “Cities and states are not equipped to regulate the energy use or energy efficiency of appliances that businesses and homeowners have chosen; energy policy and conservation is an issue with national scope and national security implications.
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