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
| Mar 26, 2014
EPA clarifies Clean Water Act in revision that was opposed by developers
The Environmental Protection Agency recently unveiled a rule designed to define more clearly which waterways are covered by the Clean Water Act and therefore require U.S. permits for certain activities.
| Mar 26, 2014
Better Buildings Initiative leading to tens of millions of dollars in savings annually, says DOE
Facilities across the nation have been able to shave on average about 2.5% of their annual utility costs through efficiency initiatives spurred by the federal Better Buildings Initiative, according to the Department of Energy’s Maria Vargas.
| Mar 26, 2014
Univ. of Nebraska-Omaha fire could prompt building code changes
A dormitory fire at the University of Nebraska at Omaha that displaced with 42 students (but caused no injuries) could trigger local building code changes.
| Mar 26, 2014
Associated Builders and Contractors wary of federal overtime rules changes
Associated Builders and Contractors (ABC) cautioned that President Obama’s directive to the U.S. Department of Labor to change federal overtime rules could harm its members.
| Mar 19, 2014
Oklahoma City mandates safe rooms in new schools
The move will affect 24 districts that have schools inside Oklahoma City limits.
| Mar 19, 2014
Green building standards can help building become more storm-resistant
Structures built to green standards have added resilience to destructive storms because green buildings are often constructed with stronger, more sustainable materials than traditional buildings.
| Mar 19, 2014
Ohio Senate passes rule to require state agencies use ANSI standards rather than LEED
The resolution specifically mentions LEED v4, and calls for the U.S. Green Building Council to conform to ANSI.
| Mar 19, 2014
Tucson ignores ADA, building code on city-owned property
The city has been operating a downtown dirt parking lot in violation of its own code and the federal law for years.
| Mar 19, 2014
Santa Monica, Calif., may offer LEED alternatives to help promote green construction
With developers in Santa Monica, Calif., looking for ways to build green more inexpensively, the city may consider alternatives to LEED such as Green Globes.
| Mar 18, 2014
Canadian wood industry pushes for ‘wood first’ legislation on mid-rise public projects
The wood lobby is pushing Canadian provinces to pass “wood first” legislation specifying wood framed structures as the default for mid-rise public works projects where warranted.
