This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

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...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Enewsletter Sign-up