City of Berkeley to Defend New Natural Gas Ban in Ninth Circuit

Berkeley, Calif., will urge the Ninth Circuit on Thursday to uphold the city’s ban on new natural gas hookups that a restaurant group argues is preempted by federal law.

The city adopted the ordinance in July 2019 to eliminate natural gas infrastructure and associated emissions in new buildings where it’s possible to integrate all-electric infrastructure.

The California Restaurant Association told the U.S. District Court for the Northern District of California that the ordinance was preempted by the Energy Policy and Conservation Act. But Judge Yvonne Gonzalez Rogers declined to take up such an “expansive interpretation” of the act in July ...