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 | Nov 14, 2017
California bill would require purchase of low-carbon construction products
Contractors would have to source products based on greenhouse gas impact, not price, on state projects.
Codes and Standards | Nov 13, 2017
New AIA contract document for facility support services released
Updated form intended to be used with owner-architect agreements.
Codes and Standards | Nov 9, 2017
NIBS, NBI issue guidance document to help communities achieve energy goals
Outcome-based codes compliance path looks at building’s actual performance.
Codes and Standards | Nov 7, 2017
Underwriters Laboratories launches wellness certification
First certification program that verifies products’ compliance with the WELL Building Standard.
Codes and Standards | Nov 6, 2017
Registration now open for Canada’s first Zero Carbon Building (ZCB) program
Standard is designed to be applicable across many types of new and existing buildings.
Codes and Standards | Nov 6, 2017
AIA releases new architect commissioning document
It will be used with the standard form for owner/consultant contracts.
Codes and Standards | Nov 2, 2017
ASHRAE releases new version of Thermal Comfort Standard
Update includes calculations from direct solar radiation.
Codes and Standards | Nov 1, 2017
Drone users can now get instant authorization from FAA
Skyward offers app to receive permission for low altitude flights.
Codes and Standards | Oct 31, 2017
Real estate giant launches global tenant health and wellness certification initiative
Tishman Speyer will use Fitwel health certification system to guide building improvements.
Codes and Standards | Oct 30, 2017
AIA revises architect scope documents in latest contract form release
Design-bid-build forms last updated in 2007.
