Biden Administration Supports Berkeley’s Ban on Natural Gas
The Biden administration is backing Berkeley, California’s plan to ban gas stoves in new buildings, arguing that such bans do not violate federal law and can be replicated nationwide.
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Legal Battle Over Gas Stoves
Officials from President Joe Biden’s Department of Justice and Department of Education filed a joint brief in federal court on Monday in favor of Berkeley’s ban on natural gas in new buildings. Berkeley became the first U.S. city to enact such a policy in 2019, but a federal court struck it down in April, finding that federal law prevents cities and states from restricting natural gas appliances.
The Biden administration’s brief calls on the court to overturn the ruling. For the administration, the Energy Policy and Conservation Act does not bar Berkeley from banning gas stoves because that ban was made in the name of “health and safety” concerns, not energy efficiency concerns. If successful, states and cities around the country could enact sweeping natural gas bans with little fear of judicial hurdles.
Political Firestorm
These bans would likely reignite the political firestorm surrounding gas stoves. The president has attempted to distance himself from the controversy, with the White House saying earlier this year that “the president does not support banning gas stoves.” However, the administration has targeted gas stoves through regulatory actions and legal arguments.
Efficiency Standards
In addition to its brief in support of Berkeley, Biden’s Energy Department is pushing regulations that would effectively ban half of all gas stoves on the U.S. market. Industry groups and Republican lawmakers have dismissed that assessment, pointing to a December Energy Department test of 21 gas stove models, all but one of which failed to meet the rule’s proposed efficiency standards.
Green Groups Pressure Biden
After a panel of three federal judges unanimously overturned Berkeley’s gas ban in April, green groups put pressure on Biden to take federal action. Liberal environmental group Sierra Club urged the administration to “alleviate legal scrutiny of city-level gas restrictions,” including through nationwide bans on gas appliances, so the issue no longer needs to be litigated in states and cities across the country.
Should the Biden administration fail to overturn the court decision blocking Berkeley’s gas ban, the legal argument against the ban will almost certainly be replicated to target local gas bans across the country. Green groups in April warned that the decision “could have a chilling effect on states and cities pursuing similar bans.”
Conclusion
The legal battle over gas stoves is far from over, but the Biden administration’s support for Berkeley’s ban could have far-reaching implications for the future of natural gas in the United States.
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