Ninth Circuit Denies En Banc Rehearing of Invalidation of Berkeley Natural Gas Ban

Client Alert

Banning natural gas in new construction is a core tactic for authorities seeking to decarbonize the building sector. We previously reported on the U.S. Court of Appeals for the Ninth Circuit’s invalidation of the city of Berkeley’s efforts to do just that. Our analysis of that ruling is here. The court held that the ban on natural gas was preempted by federal energy efficiency laws. The ruling has languished for almost nine months as the Ninth Circuit considered a petition for rehearing en banc, a rehearing before a larger panel of judges. That request was denied on January 2, 2024, rendering the ruling final absent review by the Supreme Court. Many jurisdictions, including the state of New York, have adopted natural gas bans similar to Berkeley’s notwithstanding the ruling. New York’s ban is also being litigated.

For questions regarding this case, decarbonization mandates or climate regulatory matters in general, contact David C. Smith.



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