9th Circuit Panel Split Over EPCA Preemption Claims In Berkeley Gas Ban

May 13, 2022
A three-judge panel of the U.S. Court of Appeals for the 9th Circuit appears split over whether the Energy Policy & Conservation Act (EPCA) preempts the Berkeley, CA, ban on natural gas hookups in new buildings and homes -- as alleged by the California Restaurant Association (CRA). “You’re representing restaurant owners or developers who would like to use natural gas in their kitchens. If Congress wanted to prevent a city from banning natural gas, couldn’t they have just come out...

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