Divided 9th Circuit Lets Stand Panel Ruling Overturning Berkeley Gas Ban

The U.S. Court of Appeals for the 9th Circuit is narrowly denying a request for en banc review of a panel ruling that Berkeley’s ban on natural gas hookups to new homes and buildings is preempted by the Energy Policy & Conservation Act (EPCA), setting a precedent that blocks local governments from using such bans as a way to fight climate change. “The matter failed to receive a majority of the votes of the non-recused active judges in favor...