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 Act. Judge Friedland, joined by seven other judges (and three senior judges!) dissented from the denial, writing a lengthy opinion fairly explicitly directed at judges from other Courts of Appeal that might hear cases addressing similar bans. … More
Tag Archives: “California Restaurant Association v. City of Berkeley”
Berkeley’s Ban on Natural Gas in New Construction is Preempted: What Will Happen to Other Local Bans?
On Monday, the 9th Circuit Court of Appeals held that the City of Berkeley ordinance entitled “Prohibition of Natural Gas Infrastructure in New Buildings” was preempted by the Energy Policy and Conservation Act. The relevant language in the EPCA provides as follows:
no State regulation concerning the energy efficiency, energy use, or water use of such covered product shall be effective with respect to such product.… More
At What Level of Government Are We Going to Regulate Climate Change? (Hint — It Is a Global Problem.)
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 legal merits of the decision. I will note note that the Judge’s reliance on textual analysis and the asserted federalist bent of SCOTUS’s conservative wing might give this opinion more life than one would otherwise expect – though I’ll also note that the conservative wing’s federalist proclivities often seem to turn on whether they agree with the underlying policy at issue. … More