Bloomberg Law
July 7, 2021, 2:54 PM

Restaurant Group Loses Federal Challenge to Berkeley Gas Ban

Maya Earls
Maya Earls
Legal Reporter

A restaurant trade group failed to convince a California court that a Berkeley, Calif., law banning new natural gas hookups is preempted by federal law.

The California Restaurant Association argued the Energy Policy and Conservation Act preempts the local ordinance, because the federal law covers energy efficiency and energy use of appliances.

By requiring all appliances in new buildings to only use electric power, the ordinance “effectively prohibits the use of natural gas appliances,” according to the lawsuit.

The U.S. District Court for the Northern District of California declined to share the group’s “expansive interpretation” of the EPCA. Nothing in ...