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 | Jul 24, 2019
New York making slow progress on resiliency seven years after Hurricane Sandy
Property owners face many challenges; coastal defense project plans are complex and need more time to plan.
Codes and Standards | Jul 23, 2019
Berkeley, Calif. passes nation’s first ordinance to make new buildings all-electric
No gas hook-ups will be allowed in new houses, apartments, and commercial buildings.
Codes and Standards | Jul 22, 2019
San Francisco office building is city’s first structure certified by BREEAM USA for existing buildings
The Landmark @ One Market is one of San Francisco’s most architecturally distinctive buildings.
Codes and Standards | Jul 16, 2019
ASCE seeks comments on update to Calculation Methods for Structural Fire Protection standard
Pertains to fire resistance rating times.
Codes and Standards | Jul 15, 2019
USGBC calls for proposals for feedback, concepts for next LEED version
The move follows successful public input on LEED 4.1.
AEC Tech | Jul 15, 2019
Lack of standards hampers development of exoskeleton industry
Guidelines, common terminology, and testing methodology are needed, says expert.
Concrete | Jul 8, 2019
Concrete repair code requirements released
American Concrete Institute offers guidance on assessment, repair, rehab of existing concrete structures.
K-12 Schools | Jul 8, 2019
Collaborative for High Performance Schools releases 2019 Core Criteria Version 3.0 Update
The update adds credits to lower carbon footprints and to promote climate change resiliency.
Wood | Jul 8, 2019
Campaign launched to promote ‘climate-smart wood’
The Forest Stewardship Council and other groups aim to help buyers understand and make it easier to locate lumber that meets sustainable forestry standards.
Urban Planning | Jul 8, 2019
U.S. cities experience ‘Doppler shift’ in walkable urban development
The walkability trend is spreading to urbanizing suburbs.
