City of Berkeley Agrees to Repeal Ban on Natural Gas in New Construction as Required by Federal Law
WASHINGTON – In the wake of a ruling by the U.S. Court of Appeals for the Ninth Circuit that found the City of Berkeley’s building code which prohibited natural gas piping into new buildings is against existing Federal law, the City of Berkeley has entered into a settlement with the California Restaurant Association (CRA) in which it agrees to immediately halt all enforcement of Berkeley’s ban on natural gas in new construction and take appropriate steps to fully repeal the ordinance. The American Gas Association (AGA) filed an Amicus brief in support of the CRA’s original suit.
“This settlement has implications far beyond the City of Berkeley and is a significant step towards safeguarding energy choice for California consumers and helping 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 for 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:
- AGA’s Amicus brief is available here.
- More information on how the natural gas system can be leveraged to aid decarbonization is available in AGA’s study Net-Zero Opportunities for Gas Utilities.
- The ruling likely invalidates many similar attempted bans within the jurisdiction of the United States Court of Appeals for the 9th Circuit, which includes the entire West Coast along with all neighboring states as well as Alaska, Hawaii, and Montana.
- 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.