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 21, 2020
No ease of lumber price spikes in sight
Wildfires strike Northwest timber industry in wake of Covid-19 shutdowns.
Codes and Standards | Sep 17, 2020
Spate of energy code appeals could hamper efficiency progress
Construction and fossil fuel interests oppose portions of latest model energy code.
Codes and Standards | Sep 16, 2020
Heat pumps are the future for hot water
Sustainability policies will drive trend.
Codes and Standards | Sep 15, 2020
Taller timber buildings approved in National Fire Protection Association code
Ensures compatibility with the International Building Code.
Codes and Standards | Sep 14, 2020
Relocation of neighborhoods, the next step in U.S. flood strategy, is underway
Repeated rebuilding after successive floods now seen as bad policy.
Codes and Standards | Sep 10, 2020
Fannie Mae programs provide incentives for multifamily solar
Affordable housing projects can find PV installations to be cost-effective.
Codes and Standards | Sep 9, 2020
Corporate pledges accelerate net-zero building movement
World Green Building Council drives goal of net-zero carbon emissions by 2050.
Codes and Standards | Sep 8, 2020
Study will examine elevator airflow amid COVID-19 pandemic
Researchers to investigate risk of airborne transmission.
Codes and Standards | Sep 4, 2020
Updated selection, application guide for plastic glazed skylights, sloped glazing released
Part of suite of skylight documents by Fenestration and Glazing Industry Alliance.
Codes and Standards | Sep 3, 2020
Turner Construction takes strong stand against racism
Shuts down work sites for anti-bias training.
