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
| Sep 11, 2013
San Francisco expected to drop firefighter air tank refilling station rule for skyscrapers
San Francisco is poised to drop a requirement that skyscrapers have refill stations so firefighters can recharge their air tanks during a blaze. The city has required that new high-rises have the air refill systems for about ten years.
| Sep 5, 2013
State legislatures continue to raise the bar on green school construction
Since the beginning of 2013, the USGBC has followed more than 125 bills across 34 states that seek to advance healthy, high-performing schools.
| Sep 5, 2013
Construction industry groups create coalition to respond to new OSHA silica rule
A group of 11 construction trade associations has created the Construction Industry Safety Coalition in response to the Occupational Safety and Health Administration’s (OSHA) proposed rule on silica for the construction industry.
| Sep 5, 2013
Red tape delays California county jail construction projects
California authorized $1.2 billion for jail construction in 2007, but not a single county in the state has completed a jail project since then.
| Sep 5, 2013
New CM-at-risk and design-build options create controversy in Ohio
Some contractors say Ohio's new system puts small and midsize construction companies at a disadvantage.
| Sep 5, 2013
Outdated codes slowed disaster recovery in Tuscaloosa, Ala.
Outdated building codes and lack of a master plan slowed the initial rebuilding stage after a devastating tornado leveled parts of Tuscaloosa, Ala. in 2011, according to the city’s mayor.
| Aug 28, 2013
Building collapse prompts legislation to beef up demolition regulations in Philadelphia
Philadelphia City Council will introduce legislation next month to strengthen the regulation of building demolition practices.
| Aug 28, 2013
Rules requiring contractors to boost hiring of veterans criticized
Some businesses are pushing back against proposed rules requiring federal contractors to step up their hiring of returning military service personnel.
| Aug 28, 2013
OSHA moves to reduced exposure to crystalline silica
Under a proposal from the Occupational Safety and Health Administration, the new permissible exposure limit to crystalline silica per cubic meter of air could be changed from 250 micrograms to 50 micrograms.
| Aug 28, 2013
IPMSC chooses members of committee for global property measurement standard
The International Property Measurement Standards Coalition (IPMSC) has selected 19 real estate experts from around the world to join its Standards Setting Committee to develop a global standard for measuring property.
