The City of Berkeley moved to dismiss a lawsuit challenging the City’s ordinance that instituted a progressive ban on natural gas connections in new buildings. The City argued that there was no subject matter jurisdiction, that the California Restaurant Association lacked standing to bring the suit, that the suit was unripe, and that state law claims were barred by the doctrine of primary jurisdiction. In addition, Berkeley argued that the complaint failed to state a claim that the Energy Policy and Conservation Act preempted the ordinance. Berkeley also contended that the case should be dismissed because state law did not preempt the ordinance and the ordinance did not conflict with state energy efficiency standards.

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 Moved to Dismiss Restaurant Association’s Challenge to Its Natural Gas Ordinance

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Berkeley Moved to Dismiss Restaurant Association’s Challenge to Its Natural Gas Ordinance

Policy instrument

Impacted group

Fossil fuel

Greenhouse gas

Economic sector