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 | Jan 3, 2020
Labor supply and capability of workers worry contractors
Three out of four firms plan to add workers in 2020.
Codes and Standards | Jan 3, 2020
Car-free streets could become common in major cities
New York and San Francisco establish thoroughfares dedicated to transit, pedestrians.
Codes and Standards | Jan 2, 2020
CRE professionals have increased interest in embodied carbon accounting, smart buildings
Survey also shows that interest in resiliency lags behind.
Codes and Standards | Jan 2, 2020
White paper focuses on Metal Composite Material labeling
Document part of effort to uphold industry standards for the product.
Codes and Standards | Dec 18, 2019
Hard Rock Hotel collapse in New Orleans puts spotlight on undocumented workers
Having helped rebuild the city after Hurricane Katrina, many under threat of deportation.
Codes and Standards | Dec 18, 2019
Maryland lawmakers take on blocked sidewalks during construction projects
Legislation clarifies developers’ responsibilities.
Codes and Standards | Dec 18, 2019
New York City passes legislation to prevent bird strikes on buildings
Requires bird-safe materials on first 75 feet of a structure.
Codes and Standards | Dec 16, 2019
New Buildings Institute seeks entries for Zero Buildings Database
Listing illustrates feasibility of ultra low-energy buildings.
Codes and Standards | Dec 13, 2019
USGBC launches new tool to prioritize sustainability strategies
Highlights building design features that can lead to better performance.
Codes and Standards | Dec 12, 2019
Coalition calls for consistent building data disclosure regulations in Canada
Major real estate firms are driving the effort.
