Berkeley, California, stops natural gas prohibition on new construction after legal settlement


(MENAFN) The city of Berkeley, California, has reached an agreement to cease the enforcement of its ban on natural gas piping in new homes and buildings, a measure that had faced legal opposition from the California Restaurant Association. The settlement comes in the wake of the 9th U.S. Circuit Court of Appeals' decision not to reconsider its 2023 ruling, which deemed the ban to be in violation of federal law granting authority to the U.S. government to establish energy-efficiency standards for appliances, as stated by the association in a recent statement.

Berkeley City Attorney Farimah Faiz Brown emphasized that while the Ninth Circuit's ruling renders the specific ordinance unenforceable, the city remains committed to maintaining its leadership role in climate action. In an email to The Associated Press, Brown reiterated Berkeley's dedication to addressing climate change despite the setback caused by the court's decision.

According to the terms of the settlement, Berkeley has agreed to take steps to repeal the ordinance. However, due to the procedural nature of the repeal process, which is expected to span several months, the city has opted to immediately halt the enforcement of the ban to comply with the court's ruling.

The controversy surrounding Berkeley's ban on natural gas dates back to 2019 when the city became the first in the United States to adopt such a measure for new construction. This initiative, driven by concerns over climate change, inspired similar actions in numerous other cities and counties, sparking a broader societal debate over the future of gas-powered appliances, particularly gas stoves.

The legal challenge from the California Restaurant Association, culminating in the federal court's ruling against Berkeley's ban, underscores the complex intersection of environmental policy, legal precedent, and local governance. While the settlement represents a temporary setback for Berkeley's environmental ambitions, it also highlights the ongoing tensions and debates surrounding efforts to transition away from fossil fuels toward more sustainable energy sources.

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