In April 2023, we reported on the US Court of Appeals for the Ninth Circuit’s decision in California Restaurant Association (CRA) v. City of Berkeley striking down a Berkeley ordinance that prohibited natural gas piping in...more
The 9th Circuit Court of Appeals’ refusal to rehear a pivotal gas appliance regulation decision has thrown a wrench into local efforts to reduce fossil fuel use....more
The United States Court of Appeals Ninth Circuit (“Ninth Circuit”) addressed in a January 2nd Order and Amended Opinion (“Order”) a challenge to a Berkeley, California, building code provision that prohibited the installation...more
Last week, the 9th Circuit voted against rehearing en banc its decision from last April finding the City of Berkeley’s ban on natural gas connections in new construction to be preempted by the Energy Policy and Conservation...more
In April, a three-judge panel in the Ninth Circuit Court of Appeals held that the City of Berkeley’s ordinance prohibiting natural gas infrastructure in new buildings was preempted by federal law. In June, Berkeley asked the...more
In April, the Ninth Circuit held that a city’s ban on new natural gas hookups for new construction was preempted by federal law. This may impact proposed or existing bans in Oregon including in Eugene and Bend, and in...more
Last week, in California Restaurant Association v. City of Berkeley, the Ninth Circuit ruled the federal Energy Policy and Conservation Act (EPCA) preempts local bans on the installation of natural gas infrastructure in new...more
As Seth Jaffe posted last week, the 9th Circuit recently struck down the City of Berkeley’s first-in-the-nation electrification ordinance that prohibited the installation of gas infrastructure in new buildings, finding the...more
On Monday, April 18, the Ninth Circuit Court of Appeals issued a ruling in California Restaurant Association v. City of Berkeley, overturning a lower federal district court’s ruling to revoke the City of Berkeley,...more
The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) addressed in an April 17th Opinion a challenge to a Berkeley, California, building code provision that prohibited the installation of natural gas...more