Natural Gas, City of Berkeley

Can Building Codes Ban Natural Gas After 9th Circuit Court Declines Rehearing?

Verrill on 2/9/2024

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 Energy Policy and Conservation Act – Still – Preempts Berkeley’s Ban on New Natural Gas Connections

Foley Hoag LLP - Environmental Law on 1/9/2024

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

Berkeley Seeks Re-Hearing of Ninth Circuit’s Decision on Natural Gas Ban Preemption

Foley Hoag LLP - Energy & Climate Counsel on 7/6/2023

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

UCLA’s Environmental Law Clinic Weighs in on Berkeley Gas Case with New Amicus Brief

Goldberg Segalla on 6/16/2023

Following up on our April 21 post, the UCLA Environmental Law Clinic recently filed an amicus brief in the California Restaurant Association v. Berkeley litigation, joining multiple other governmental and non-governmental...more

The Berkeley Ban Is Not the Only Answer

(ACOEL) | American College of Environmental... on 4/25/2023

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

New Ninth Circuit Ruling: City of Berkeley’s Gas Ban Preempted by U.S. Energy Policy & Conservation Act

Goldberg Segalla on 4/21/2023

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

At What Level of Government Are We Going to Regulate Climate Change? (Hint — It Is a Global Problem.)

Foley Hoag LLP - Environmental Law on 7/13/2021

Last week, Judge Yvonne Gonzalez Rogers ruled that the Berkeley ordinance essentially banning use of natural gas in new construction was not preempted by the Energy Policy and Conservation Act. I’m not here to opine on the...more

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