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Ninth Circuit Rules Berkeley, CA’s Natural Gas Ban Preempted by Federal Law, but Some Justices Dissent
Carolyn Davis, Natural Gas Intelligence, January 5th, 2024

A divided appeals court on Tuesday affirmed its ruling that the first natural gas ban enacted in the United States, in Berkeley, CA, is preempted by federal law, setting the stage for more legal fights across the country.

In a 65-page amended opinion , the U.S Court of Appeals for the Ninth Circuit threw out Berkely’s ordinance, which banned gas hookups in some new buildings. A three-judge panel on the Ninth Circuit had ruled against the ordinance last year, in California Restaurant Association v. City of Berkley.