AGA Statement on CRA v Berkeley Ruling

“The U.S. Court of Appeals for the Ninth Circuit took a huge step today that will both safeguard energy choice for California consumers and help our nation continue on a path to achieving our energy and environmental goals,” said Karen Harbert, AGA president and CEO. “Natural gas has been one of the primary drivers to achieving environmental progress, and any ban on this foundation fuel will saddle consumers with significant costs for little environmental gain. The natural gas industry has led the way in reducing our nation’s emissions, and we will continue to innovate and advance technologies to help ensure Americans have access to the efficient and reliable energy they need and expect.”

Background: 

• The U.S. Court of Appeals for the Ninth Circuit held that the plain text and structure of the Energy Policy and Conservation Act (EPCA) preempts State and local regulations concerning the energy use of natural gas appliances, including Berkeley’s building code which prohibits natural gas piping into new buildings and thereby prevents those appliances from using natural gas.
• AGA’s Amicus brief is available here.