America Says Yes to Natural Gas, No Thanks to Bans
The results are in – the American people want to protect choice when it comes to natural gas.
Across the United States, a majority of states have adopted some form of energy choice into their lawbooks to enshrine your right to choose how you cook your food and heat your home.
This overwhelming movement to protect energy choice sprung forth in response to attempts to ban natural gas in some areas of the country, particularly at the local level. As we move forward into a new year and a new administration, it’s worth reflecting on the public reaction to these attempts and the movement to protect fuel choice that they have sparked. First up, 2023’s Proposition K in El Paso, TX. This ballot initiative would have supported amending the town charter to, among other initiatives, mandate the use of 100% renewable energy by 2045, order the government to attempt to convert the local electric utility to municipal ownership, and prohibit the sale or transfer of water for any fossil fuel-related activities outside of the city limits. El Paso’s Proposition K failed by a margin of 82-18, an overwhelming rejection in one of the cities expected to be most open to such a proposal.
The city of Berkeley instituted their own ban on natural gas in 2019, through the city council rather than a ballot initiative. This attempt briefly made it on to the books, before eventually being overturned by the 9th Circuit Court of Appeals – more on that below. In the 2024 election, activists attempted to pass a secondary attempt to limit access to natural gas, this time through a tax on its use of $2.96 per 100 cubic feet consumed in buildings 15,000 square feet or larger. The ballot initiative was shot down by Berkeley voters, receiving less than 32% of the vote.
The city of Palo Alto previously tried to institute their own ban on the use of natural gas in new construction. The ban passed through City Council had a rocky start – when the city began to attempt to enforce it, celebrity chef and philanthropist José Andrés announced that without the low-cost, highly controllable cooking enabled by natural gas stoves, he would be unable to open a local version of his Michelin Bib Gourmand eatery Zaytinya, with his legal team issuing the following statement: “Zaytinya relies on traditional cooking methods that require gas appliances to achieve its signature, complex flavors. Without a gas connection and appliances, Zaytinya would be forced to alter its signature five-star menu, which it is unwilling to do. Zaytinya cannot compromise the caliber of its cuisine and reputation and if SPG cannot provide gas in Building EE, Zaytinya will likely choose not to locate within the city.”
Such a stance is unsurprising, as 96% of professional chefs say they prefer cooking with gas, and many – including José Andrés – maintain they could not operate without it. The Palo Alto city council caved immediately, giving José Andrés an exemption to their otherwise total ban on new construction, while continuing to deny it to non-celebrity would-be customers.
Almost immediately after Andrés got his exemption, the entire concept of full gas bans on the West Coast ended abruptly with an April 2023 ruling by a panel with the U.S. Court of Appeals for the Ninth Circuit Court of Appeals. This ruling, in response to an attempted ban on natural gas in new construction by the city of Berkeley, found that the Energy Policy and Conservation Act (EPCA) preempts state and local building codes concerning the energy use of natural gas appliances – and that this includes building codes that prevent natural gas from being piped into new buildings and thereby reaching said appliances. While this case only applies to the Ninth Circuit’s jurisdiction, a similar case is proceeding on the East Coast.
Taken together, the verdict is clear: Americans recognize the value of natural gas and oppose efforts to impose restrictions on their access to it.