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Environmental & Energy,
9th U.S. Circuit Court of Appeals

Jan. 3, 2024

9th Circuit affirms halt to Berkeley ban on indoor gas pipes

The outcome, unless overturned, is a win for the California Restaurant Association and the natural gas industry, which has fought legal battles against cities attempting to restrict natural gas in new buildings.

Over dissents from judges appointed by Democratic presidents, the 9th U.S. Circuit Court of Appeals on Tuesday affirmed a panel decision against a ban by the city of Berkeley on natural gas piping in newly constructed buildings.

9th Circuit Judge Patrick J. Bumatay, an appointee of President Donald Trump, wrote that the city ordinance is preempted by a federal law that blocks state and city regulations on the energy use of natural gas appli...

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