The federal district court for the Northern District of California granted in part the City of Berkeley’s motion to dismiss a challenge to its ban on natural gas infrastructure in new buildings. The court granted the motion on ripeness and standing grounds, but granted the California Restaurant Association leave to file an amended complaint by August 14, 2020 to add allegations to address the grounds for dismissal. The court also <a href="https://news.bloomberglaw.com/environment-and-energy/restaurants-must-revise-arguments-in-berkeleys-natural-gas-ban">indicated</a> during a hearing that the California Restaurant Association should do “a better job” of laying out its federal preemption argument. The court denied Berkeley’s motion to dismiss on the remaining grounds but said Berkeley could raise them again in response to the amended complaint.

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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In Challenge to Berkeley Natural Gas Ordinance, Federal Court Said Restaurant Association Needed to Improve Complaint

Filed

United States of America

California

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