Environmental & Energy,
9th U.S. Circuit Court of Appeals
Apr. 18, 2023
Berkeley ban on natural gas piping is preempted, 9th Circuit rules
Berkeley can’t bypass preemption by banning natural gas piping within buildings rather than banning natural gas products themselves,” Judge Patrick J. Bumatay wrote.
A 9th U.S. Circuit Court of Appeals panel on Monday ruled against a ban by the city of Berkeley on natural gas piping in newly constructed buildings.
In a decision written by Judge Patrick J. Bumatay, an appointee of President Donald Trump, the panel wrote that the city ordinance is preempted by federal law, which preempts state and local regulations on the energy use of natural gas appliances.
“In sum, Berkeley...
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