Berkeley City Attorney Farimah Faiz Brown filed a petition to the Ninth Circuit Court of Appeals last week to reverse its decision to block the ban. The petition argues that the court’s ruling hinders local and state governments’ efforts to enact safety and environmental rules based on the use of appliances.
In April, the court ruled unanimously that Berkeley’s ban on natural gas appliances in new construction preempted the 1975 Energy Policy and Conservation Act. The act granted the Department of Energy the sole authority to set appliance energy standards.
Lawmakers and advocates for decarbonization in other cities around the nation are watching this case closely. More than 70 California cities have enacted similar bans. Local governments in Massachusetts, New York, Oregon, and Colorado have also enacted or are considering bans. Citing the Berkeley gas ban reversal, Washington state announced last week that it is delaying the first statewide mandate for electric heat pumps in new buildings.
Berkeley’s ban is part of the city’s effort to reduce carbon emissions, which cause climate change. The California Restaurant Association filed a lawsuit in 2019 to block the legislation. A federal district court judge dismissed the lawsuit in 2021, but the trade group challenged the decision.
