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The city of Berkeley, California, has agreed to drop the first U.S. ban on natural gas following a settlement agreement with the California Restaurant Association, raising questions about the fate of similar efforts to reduce fossil fuel use.
The CRA on Friday and the city of Berkeley have unveiled a legal settlement, with the city ceasing to enforce a ban on natural gas piping for new buildings in response to an April 2023 ruling by the Ninth Circuit Court of Appeals that found that the ban violated the federal Energy Policy and Conservation Act, which allows the Department of Energy to set efficiency standards and prohibits states from setting their own.
“Climate change must be addressed, but piecemeal policies at the local level like bans on natural gas lines in new buildings or electricity ordinances, which are preempted by federal energy laws, are not the answer,” he said CRA President Jot Condie.
The agreement “has implications far beyond the city of Berkeley and is a significant step toward safeguarding the energy choice of California consumers and helping our nation continue on the path to achieving our energy and environmental goals,” according to American Gas Association President Karen Harbert.
Environmental advocates say the Court’s decision and Berkeley’s repeal mark only the end of one chapter and could open the door to more lasting strategies to phase out fossil fuels.
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