Nine AGs Supported Berkeley, CA Ban on Natural Gas in Newly Constructed Buildings

FEBRUARY 8, 2022

In February 2022, California Attorney General Rob Bonta led 9 AGs in filing an amicus brief supporting the City of Berkeley’s ban on natural gas hookups in newly constructed buildings in order to decrease greenhouse gas emissions. The California Restaurant Association challenged the ban, arguing that federal energy efficiency laws preempt the city from regulating the type of energy used. The district court dismissed the challenge and the Association filed an appeal. The AGs urged the appellate court to uphold the ruling, arguing that federal law only regulates the amount of energy used by a specific product, rather than the type of energy available in an entire building.

In April 2023, the Ninth Circuit overturned the district court ruling, finding that Berkeley’s ordinance is preempted by the federal Energy Policy and Conservation Act. The City of Berkeley filed a petition for rehearing, and in June 2023, eleven AGs (the initial coalition of 9 states joined by Arizona and Hawai’i) filed an amicus brief supporting the petition.