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 | Oct 27, 2021
Texas reforms series of contractor laws
Measures seen as making it easier to do business in the state.
Codes and Standards | Oct 26, 2021
Drownings during Hurricane Ida point out FEMA flood map flaws
Eleven people drowned in New York City in areas marked as low risk.
Codes and Standards | Oct 26, 2021
Dept. of Energy’s REScheck tool updated for the 2021 International Energy Conservation Code
Previous version incorporated 2018 code.
Codes and Standards | Oct 20, 2021
New York City passes overhaul of construction codes
Over 600 major changes along with thousands of smaller updates slated for 2022.
Codes and Standards | Oct 20, 2021
One-quarter of U.S. critical infrastructure at risk of failure due to flooding
Police and fire stations, hospitals, airports, and wastewater treatment facilities face threat.
Codes and Standards | Oct 19, 2021
Pittsburgh enacts first-in-the-nation “Dark Sky Lighting” law
Applies to all city parks, facilities, and streetlights.
Codes and Standards | Oct 15, 2021
New Calif. law mandates use of lead-free plumbing fixtures
Must meet NSF/ANSI/CAN 61-2020 in 2023.
Codes and Standards | Oct 14, 2021
Building industry leaders urge governments to boost emissions reductions targets
Scores of large AEC firms and organizations sign letter to UN’s COP 26 group.
Codes and Standards | Oct 13, 2021
FEMA’s new flood insurance plan will sharply raise insurance costs for seaside properties
Risk Rating 2.0 will have more accurate assessment of flood risk.
Codes and Standards | Oct 12, 2021
Three new laws expected to spur more affordable housing in California
Trio of measures could aid carbon reduction in built environment.
