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Federal court blocks California city ban on natural gas hookups

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In Berkeley, California, the City Council voted to ban natural gas hookups inside new buildings in an effort to reduce emissions. But an appeals court has ruled the city doesn’t have the right to enact such a ban because federal legislation trumps any local ordinance.

The ban on natural gas hookups essentially banned all natural gas appliances in new builds. It was the first of its kind in the U.S.

The California Restaurant Association sued, arguing the city bypassed federal energy regulations by implementing such restrictions. The appeals court agreed the city overreached.

The Biden administration said earlier this year that there are no plans for a nationwide ban on gas stoves., but some cities are looking to skirt around federal regulations to implement their own rules to reduce emissions.

New York City has barred most new buildings from using natural gas after 2027. Denver, Seattle and San Francisco are other major cities looking to follow in Berkeley’s footsteps. But like Berkeley, there are legal hurdles halting any natural gas hookup bans for now.

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KARAH RUCKER: IN BERKELEY CALIFORNIA – THE CITY COUNCIL VOTED TO BAN NATURAL GAS HOOKUPS INSIDE NEW BUILDINGS IN AN EFFORT TO REDUCE EMISSIONS.

BUT AN APPEALS COURT HAS RULED THE CITY DOESN’T HAVE THE RIGHT TO ENACT SUCH A BAN – BECAUSE FEDERAL LEGISLATION TRUMPS ANY LOCAL ORDINANCE.

THE BAN ON NATURAL GAS HOOKUPS ESSENTIALLY BANNED ALL NATURAL GAS APPLIANCES IN NEW BUILDS. IT WAS THE FIRST OF ITS KIND IN THE U.S.

THE CALIFORNIA RESTAURANT ASSOCIATION SUED – ARGUING THE CITY BYPASSED FEDERAL ENERGY REGULATIONS BY IMPLEMENTING SUCH RESTRICTIONS —

AND THE APPEALS COURT AGREED THE CITY OVERREACHED.

THE BIDEN ADMINISTRATION SAID EARLIER THIS YEAR THERE ARE NO PLANS FOR A NATIONWIDE BAN ON GAS STOVES. BUT SOME CITIES ARE LOOKING TO SKIRT AROUND FEDERAL REGULATIONS TO IMPLEMENT THEIR OWN RULES TO REDUCE EMISSIONS.

NEW YORK CITY HAS BARRED MOST NEW BUILDINGS FROM USING NATURAL GAS AFTER 2027 – DENVER, SEATTLE, AND SAN FRANCISCO ARE OTHER MAJOR CITIES LOOKING TO FOLLOW IN BERKELEY’S FOOTSTEPS – BUT LIKE BERKELEY THERE ARE LEGAL HURDLES HALTING ANY NATURAL GAS HOOKUP BANS – FOR NOW.