A federal appeals court on Tuesday denied a motion by the city of Berkeley, California, to reconsider a case related to a proposed ban on natural gas, which the commission ruled last year was illegal.
The U.S. Court of Appeals for the Ninth Circuit ultimately ruled on Berkeley's petition for a major rehearing (the Biden administration, Democratic-led states, environmental A motion supported by activists was rejected. . The city of Berkeley filed the lawsuit last year after a court ruled in April that the Berkeley law banning the construction of new natural gas lines violated federal law.
Following Tuesday's committee filing, the Air Conditioning, Heating, and Refrigeration Institute (AHRI), which had argued that Berkeley's law was illegal, praised the court for ensuring consumer choice.
“AHRI, and in particular its member companies that manufacture products and equipment that use natural gas, are understandably aware that the Chancery Court's dismissal of the Berkeley appeal will ensure that residents of Berkeley, and perhaps other areas, continue to have energy concerns. We're thrilled to now have the option to power our homes and hot water,'' Stephen Yurek, AHRI's president and CEO, said in a statement.
Biden administration unveils new set of environmental regulations in latest appliance crackdown targeting refrigerators and freezers
Democratic-led cities across the country have passed laws banning natural gas connections to new buildings as part of broader climate action. (AP Photo/Thomas Kientzl, File)
“We look forward to continuing to work together to develop solutions that help states and local governments meet their energy conservation and emissions reduction goals without unduly impacting the health, safety, comfort, and productivity of consumers.” ” Yurek added.
In July 2019, the Berkeley City Council passed a ban scheduled to go into effect in January 2020, making Berkeley the first city in the nation to pass a ban. approve such measures. Berkeley City Council member Kate Harrison, who authored the bill, said at the time that it was part of the city's efforts to take “more drastic action” on climate change and curb greenhouse gas emissions.
Biden administration launches aggressive campaign targeting home appliances subject to environmental regulations in 2023
But months after approval, the California Restaurant Association (CRA) filed a federal lawsuit challenging the city's ability to pass a law banning new natural gas connections. After a lower court ruled in Berkeley's favor in July 2021, the CRA appealed, leading to the Ninth Circuit's decision in April.
The Ninth Circuit concluded that Berkeley's law violates the federal Energy Policy and Conservation Act of 1975 (EPCA), which prevents local regulations from affecting the energy use of natural gas appliances.
University of California, Berkeley campus photographed on June 22, 2023 in Berkeley, California. (Jason Almond/Los Angeles Times via Getty Images)
“Instead of directly banning the use of these appliances in new buildings, Berkeley chose a more circuitous path to the same result,” Judge Patrick Bumatai wrote in the court's opinion. “Building codes were enacted that prohibited piping natural gas into those buildings, rendering gas appliances useless.”
“In short, the City of Berkeley cannot avoid preemption by banning natural gas piping in buildings rather than banning natural gas products themselves,” he continued in his ruling. “EPCA therefore pre-empts the effect of the ordinance on covered products.”
Biden administration aims to push towns, cities to adopt green energy building standards: 'highly questionable'
CRA President and CEO Jot Condi said at the time that Berkeley's attempt to ban natural gas connections was “an overreach that is beyond the scope of any city.”
After the City of Berkeley subsequently filed a motion for reconsideration, the Department of Justice (DOJ) filed a court brief in June supporting the city's ban on gas connections.
Attorney General Merrick Garland is pictured speaking at the Department of Justice. (Chip Somodevilla/Getty Images)
“The panel opinion in this case overturns those assumptions. Certain local ordinances that address health and safety concerns identified by local elected leaders are energy efficiency, energy use, or water use of covered products,” the Department of Justice said in a prepared statement.
“This ordinance prohibits the installation of certain energy infrastructure in new construction.” “Thus, this indirectly affects the circumstances in which some products are used in some locations. The Health and Safety Ordinance did not explain why this is not the case.”
CLICK HERE TO GET THE FOX NEWS APP
The case attracted the attention of industry groups that support the CRA. american gas association and AHRI, as well as environmental groups and other jurisdictions across the country that supported Berkeley's ordinance, including the National League, California, Maryland, New York, Oregon, Washington, DC, and New York City.
