Biden seeks court approval for first-ever natural gas ban enforcement by city.

The city of Berkeley in California has received support from President Joe Biden’s administration for its ban on natural gas piping in new construction. The ban is the first of its kind in the country and is aimed at addressing health and safety concerns. Officials from the US Departments of Energy and Justice said in a June 12 amicus brief to the US Court of Appeals for the Ninth Circuit that the ban is allowed under the Energy Policy and Conservation Act.

Why the Ban is Important

• The ban is aimed at addressing health and safety concerns
• It is the first of its kind in the country
• The Energy Policy and Conservation Act allows for such bans

The officials also asked the court to rehear the case to correct the opinion. The appeals court had earlier ruled that the ban violated the Energy Policy and Conservation Act. The act states that once a federal standard for energy conservation is established for a product, a state cannot impose a regulation for “the energy efficiency, energy use, or water use of such covered product.”

What the Biden Administration Says

The Biden administration argues that the Energy Policy and Conservation Act preempts energy conservation standards, not health and safety regulations. The administration says that the appeals court’s opinion “upended” the previous understanding that state and local officials can still regulate health, safety, and drought response without fear of running afoul of the law.

The officials said that if the appeals court’s opinion stands, the Department’s decisions going forward could quickly be overtaken by debates over interference with state and local policy in areas other than energy conservation. They added that the law does not allow regulations that relate to the quantity of gas consumed by consumer appliances at places where the appliances are used.

The Biden administration’s support for the ban is a significant development in the ongoing debate over the use of natural gas in the country. It remains to be seen how the court will rule on the matter.