GREEN BUILDINGS COMMITTEE

Berkeley Gas Ban Lawsuit Appeal Heard

May, 2022

On May 12, the 9th Circuit Court of Appeals heard arguments in a California Restaurant Association lawsuit against Berkeley's first-in-the-nation ban on gas in new buildings. Berkeley's law, which was passed in July 2019 and went into effect on Jan 1, 2020, was upheld by a U.S. District Court in July, 2021.

The restaurant group argues a federal law that sets appliance energy standards preempts Berkeley's law. If they were to prevail, it would set a troubling precedent, potentially blocking all local and even state ordinances restricting gas from buildings. The federal government and multiple states, including California, have joined Berkeley to defend the ordinance.

The 9th Circuit panel includes two Trump appointees and one Regan appointee.

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