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 | Aug 27, 2019
Slower speed limits in urban areas offer multiple benefits
Improved safety, better adoption of electric scooters and autonomous vehicles are possible if drivers ease off the accelerator.
Codes and Standards | Aug 27, 2019
Renewables creating significant savings for commercial and public facilities
Payback ranges from five to 15 years.
Codes and Standards | Aug 27, 2019
Oregon rescinds tsunami-zone construction ban
Other states have no ban, but have strengthened building codes for tidal wave resilience.
Urban Planning | Aug 27, 2019
Pop-up parks revitalize empty lots
Pop-up parks that provide instant open areas for public use and programming can revitalize under-utilized spaces and add vibrancy to neighborhoods.
Codes and Standards | Aug 22, 2019
Texas flood prevention initiative would create nation’s most ambitious barrier system
Plan including sand dunes and mechanical barriers would cost as much as $32 billion.
Codes and Standards | Aug 22, 2019
Multimedia app identifies construction hazards
Researchers say program will reduce injuries, save lives.
Codes and Standards | Aug 22, 2019
Cities take action to keep cool as climate heats up
Initiatives include cool streets, cool roofs, and broader urban tree canopy.
Codes and Standards | Aug 22, 2019
5G expected to give a boost to construction technology
Virtual reality, Internet of Things, robotics, and drones will all benefit from enhanced data flows.
Codes and Standards | Aug 15, 2019
New edition of Building Code Requirements for Structural Concrete available
American Concrete Institute document includes major technical changes.
Codes and Standards | Aug 13, 2019
Coaching pays off for new managers
Study finds increased engagement and readiness for new roles.