ELR Citation: 53 ELR 20064
No(s). 21-16278 (9th Cir. Apr 17, 2023)

The Ninth Circuit reversed a district court's dismissal of an industry group's challenge to the city of Berkeley's natural gas hookup ban. The group argued the federal Energy Policy and Conservation Act (EPCA) preempted the ban, which enacted a building code prohibiting installation of natural gas piping in newly constructed buildings. The court held that EPCA's preemption provision, by its plain text and structure, encompassed building codes that regulate natural gas use by covered products, and that the city's code did exactly that by preventing such appliances from using natural gas. It reversed and remanded for further proceedings.