A recent ruling by the Ninth U.S. Circuit Court of Appeals in San Francisco invalidating Berkeley, California’s ban on natural gas within new building construction puts similar measures adopted around the country in legal jeopardy.
The court ruled that the ban is preempted by a federal law and is therefore illegal. Berkeley passed the country’s first ban on the use of natural gas in new buildings in 2019.
Around 100 jurisdictions across the country soon followed suit. Most require appliances like stoves and heaters to be electric.
The California Restaurant Association sued the city shortly after it passed the ordinance, claiming that it would damage the restaurant industry. The association argued that the ban would restrict their ability to prepare many of their offerings that require the use of specialized gas appliances including flame-seared meats, charred vegetables, or the use of intense heat from a flame under a wok.
Related Stories
Codes and Standards | Sep 7, 2017
More than half of Houston properties at high or moderate risk of flooding are not in FEMA flood zone
Properties outside of these zones are not required to carry flood insurance.
Codes and Standards | Sep 6, 2017
Seventy percent of contractors have trouble finding workers
AGC survey indicates that fewer companies may be able to bid on projects.
Codes and Standards | Sep 5, 2017
New CTBUH initiatives to investigate link between fire and façades
In wake of Grenfell tragedy, Council forms new workgroup.
Codes and Standards | Sep 1, 2017
U.S. markets with the largest hotel construction pipeline
New York has the largest hotel construction pipeline of any U.S. market.
Codes and Standards | Aug 30, 2017
Trump rescinds elevation requirements for federally funded buildings and infrastructure
Flood protection on subsidized housing, hospitals, and other public buildings rolled back.
Codes and Standards | Aug 30, 2017
Stormwater runoff mitigation pays off for some building owners
Rain gardens, green roofs, cisterns, and rainwater recycling add value.
Codes and Standards | Aug 28, 2017
Commercial properties address state carbon-reduction policies
EV charging stations, batteries, and microgrid technology are all part of effort to meet demand for cleaner power.
Codes and Standards | Aug 24, 2017
OSHA silica dust exposure enforcement begins Sept. 23
Vacuum dust collection, water-delivery systems, and respirators will be required.
Codes and Standards | Aug 18, 2017
Cool roofs may increase air pollution
California’s requirement for cool roofs on new non-residential buildings could promote smog.
Codes and Standards | Aug 17, 2017
Black market sales of OSHA training certifications plague New York City construction industry
Task force formed to get fake training cards off the streets and workers properly trained.
