Berkeley Asks 9th Circuit To Rehear Ruling Blocking Gas-Hookup Ban

June 1, 2023
Berkeley, CA, is urging the full U.S. Court of Appeals for the 9th Circuit to reconsider a three-judge panel’s April ruling that agreed with industry challengers that the city’s ban on natural gas hookups in new buildings is preempted by the Energy Policy & Conservation Act (EPCA), calling the decision a “grievous misinterpretation” of the federal law. “The panel’s invalidation of the City of Berkeley’s prohibition on natural gas infrastructure in newly constructed buildings is based upon fundamental legal errors...

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