Ninth Circuit Reaffirms Reversal of Berkeley's Natural Gas Ban

January 2, 2024

Weinberg, Wheeler, Hudgins, Gunn & Dial, LLC congratulates Atlanta-based partner Gary J. Toman for his great work on the legal team that reaffirmed the Ninth Circuit Court of Appeals’ April ruling in the case of California Restaurant Association v. City of Berkeley. The full appeals court recently upheld their decision that Berkeley's ban on natural gas infrastructure in new buildings violates federal law.

The case was brought by the California Restaurant Association, the National Restaurant Association, and the American Gas Association. The plaintiffs argued that Berkeley's ban was preempted by the Energy Policy and Conservation Act (EPCA), which gives the federal government exclusive authority to regulate energy efficiency standards for appliances.

“The Ninth Circuit's decision reaffirms that the federal government has exclusive authority to regulate this issue,” said Toman. “This is important because it ensures that consumers will have access to affordable and efficient appliances.”

Weinberg Wheeler is proud to have played a role in this victory together with Reichman Jorgensen Lehman and Feldberg. We believe that the Ninth Circuit's decisions are sound, and we are confident they will have a positive impact on consumers and businesses across the country.



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