United States v. City of Morgan Hill

The United States voluntarily dismissed its lawsuit challenging two California cities’ building electrification ordinances as preempted. The notice of voluntary dismissal noted that the cities—City of Morgan Hill and City of Petaluma—had adopted ordinances repealing the electrification requirements after the U.S. filed its lawsuit. The notice also indicated that each City’s ordinance repealing the building electrification requirements stated that federal law preempted the requirements. The U.S.’s notice stated that in light of the actions repealing the requirements and “and the Defendants’ bases for taking them,” it was voluntarily dismissing the case without prejudice.

The United States filed a lawsuit in the federal district court for the Northern District of California challenging two California cities’ ordinances establishing building electrification requirements and banning natural gas infrastructure in certain new construction. The complaint alleged that the federal Energy Policy and Conservation Act preempted the ordinances adopted by the City of Morgan Hill and City of Petaluma. The U.S. asked the court to declare that the ordinances are preempted and to permanently enjoin enforcement of the laws.