The City of Berkeley sought rehearing en banc of the Ninth Circuit Court of Appeals decision holding that federal law preempted the City’s prohibition on natural gas infrastructure in new buildings. Berkeley argued that the decision misinterpreted a “modest provision” of the federal Energy Policy and Conservation Act (EPCA) as “enacting a preemptive juggernaut.” Berkeley contended that the expansive interpretation could not be reconciled with EPCA and statutory construction precedents. The City also argued that the decision would case “multiple and far-reaching harms.”

Challenge to a City of Berkeley ordinance banning natural gas infrastructure in new buildings.

California Restaurant Association v. City of Berkeley

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Berkeley Filed Petition for Rehearing en Banc in Natural Gas Ban Case

Filed

United States of America

California

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

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The release of heat-trapping gases, primarily from human activities such as burning fossil fuels, agriculture and industry.

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Berkeley Filed Petition for Rehearing en Banc in Natural Gas Ban Case

Policy instrument

Risk

Impacted group

Just transition

Fossil fuel

Greenhouse gas

Economic sector

Adaptation/resilience