Berkeley Natural Gas Ban Ruling Spurs Ninth Circuit Judges Clash

Eight appellate judges on Tuesday dissented from a Ninth Circuit decision to deny reconsideration of the court’s prior ruling that federal law preempts Berkeley, Calif.'s ban on natural gas infrastructure in new buildings.

The dissenting jurists said the original opinion misinterpreted the relevant statute, and that its history, text, and structure show the Berkeley ordinance isn’t preempted because it doesn’t affect energy use within the statue’s meaning.

“Climate change is one of the most pressing problems facing society today, and we should not stifle local government attempts at solutions based on a clear misinterpretation of an inapplicable statute,” Judge Michelle ...