It’s unclear what kind of impact a federal appellate court’s ruling to overturn a first-in-the-nation natural gas ban from 2019 in Berkeley will have.
The ruling in Berkeley Monday does not affect the majority of cities and counties that have already banned or curtailed natural gas through building codes that meet certain federal requirements and are allowed by the decision, environmental groups said. Other municipal policies to regulate gas distribution and air emissions are not impacted either.
Judge Patrick Bumatay wrote in the 3-0 Ninth Circuit ruling that a local ordinance that bans appliances such as gas stoves “impacts the quantity of energy” they consume, which is under federal regulation. The ruling overturned the decision of a judge in a lower court in 2021, dismissing the case because city officials were not trying to regulate energy efficiency for appliances but only the fuel they used.
The three judges in Monday's 3-0 ruling were selected at random, and include Bumatay and Judge M. Miller Baker, who is visiting from the U.S. Court of International Trade. Both are appointees of former President Donald Trump, and the third, Judge Diarmuid O’Scannlain, was appointed by former President Ronald Reagan.The Ninth U.S.
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