Government,
Environmental & Energy,
9th U.S. Circuit Court of Appeals
May 13, 2022
Circuit mulls whether cities can block natural gas connections
The California Restaurant Association argued that Berkeley’s regulation, enacted in 2019, is preempted by the Energy Policy and Conservation Act because it is a regulation concerning the energy use of appliances covered under the statute.




A 9th U.S. Circuit Court of Appeals panel heard oral arguments Thursday about whether a city can prohibit natural gas connections to remodeled or most newly constructed buildings.
The California Restaurant Association argued before Judges Diarmuid O’Scannlain and Patrick J. Bumatay as well as Judge M. Miller Baker from the Court of International Trade that Berkeley’s regulation, enacted in 2019, is preempted by the Energy Policy and Conse...
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