The city of Berkeley, California, has reached a settlement to cease the enforcement of a ban on natural gas piping in new homes and buildings. This decision comes after the California Restaurant Association successfully challenged the ban in court.
The 9th U.S. Circuit Court of Appeals recently upheld a ruling that deemed Berkeley's ban in violation of federal law, which grants the U.S. government the authority to establish energy-efficiency standards for appliances.
As part of the settlement, Berkeley has agreed to take steps to repeal the ordinance. However, due to the process taking several months, the city has immediately stopped enforcing the ban to comply with the court's decision.
In 2019, Berkeley made headlines by becoming the first city in the U.S. to implement a ban on natural gas in new construction, sparking a broader movement in other cities and counties to address climate change concerns.
Following the 9th Circuit's ruling, environmental groups noted that while many jurisdictions had already implemented similar bans or restrictions on natural gas, those with ordinances resembling Berkeley's could face legal risks.
Since the court ruling, there have been no new bans on natural gas, and some communities, such as Sacramento, have suspended or ceased enforcing their existing regulations.
Jot Condie, president and CEO of the California Restaurant Association, emphasized the need for a comprehensive approach to addressing climate change. He urged all cities and counties with similar bans to reconsider their policies, stating that local ordinances like the ban on natural gas piping may conflict with federal energy laws.
Condie stressed the importance of tackling climate change while ensuring compliance with federal regulations, suggesting that a piecemeal approach at the local level may not be the most effective solution.
