The city of Berkeley, California, has agreed to halt enforcement of a ban on natural gas piping in new homes and buildings after a court ruling. The ban was initially opposed in court by the California Restaurant Association, which argued that it violated federal law giving the U.S. government authority over energy-efficiency standards for appliances. The 9th U.S. Circuit Court of Appeals’ refusal to reconsider a 2023 ruling led to the settlement, with Berkeley agreeing to repeal the ordinance and immediately stop enforcing the ban.
In 2019, Berkeley became the first U.S. city to implement a ban on natural gas in new homes and buildings, sparking a trend in other cities and counties to address climate change. This move ignited a culture war over the future of gas stoves, with the California Restaurant Association challenging Berkeley’s ban in court. While environmental groups claim that the 9th Circuit’s ruling will not impact most cities that have already banned or limited natural gas through building codes, they warn that jurisdictions with laws resembling Berkeley’s may be at risk.
Following the 9th Circuit’s ruling, there have been no new bans on natural gas, and some communities have halted enforcement of their existing rules. For example, Sacramento has not enforced its electrification ordinance since August 2023. Jot Condie, president and CEO of the restaurant association, urged all cities and counties with similar bans to repeal them, stating that local piecemeal policies like bans on natural gas or all-electric ordinances are not the solution to addressing climate change. Condie emphasized the need for comprehensive and federal-level approaches to sustainability.
Berkeley City Attorney Farimah Faiz Brown affirmed that the city will continue to lead in climate action despite the setback of the ban being deemed unenforceable. While the process of repealing the ordinance will take several months, Berkeley has committed to complying with the court ruling by immediately ceasing the enforcement of the ban. The settlement marks a compromise between the city and the California Restaurant Association, ensuring that Berkeley will remain at the forefront of environmental initiatives while adhering to federal laws governing energy standards.
The debate over natural gas bans in new constructions highlights the ongoing tension between local and federal regulations in addressing climate change. While cities like Berkeley strive to implement environmentally conscious policies, clashes with federal laws can lead to legal challenges and regulatory conflicts. The outcome of Berkeley’s settlement serves as a cautionary tale for other jurisdictions considering similar bans, emphasizing the importance of aligning local initiatives with federal regulations to avoid legal disputes and ensure effective climate action.
