Biden seeks court approval for city’s first-ever natural gas ban.

A City in California Fights for the Nation’s First Ban on Natural Gas Piping

A city in California is making headlines as it seeks to enforce the nation’s first ban on natural gas piping. President Joe Biden’s administration recently expressed support for Berkeley’s ban on the pipes in new construction, stating that the city’s actions are justified due to “health and safety concerns.” This groundbreaking move is seen as a significant step towards a greener future.

Addressing Health and Safety Concerns

Officials from the U.S. Energy and Justice departments argued in a June 12 amicus brief to the U.S. Court of Appeals for the 9th Circuit that Berkeley’s ban is allowed under the Energy Policy and Conservation Act. By addressing health and safety concerns, the city is within its rights to implement such a ban. Failure to uphold this ban could lead to potential problems, according to the officials.

Protecting State and Local Laws

The officials further emphasized the importance of protecting state and local laws. They expressed concerns that the appeals court’s ruling could interfere with the Department’s ability to establish energy conservation standards without preemption of other health and safety laws. They urged the court to rehear the case and correct the opinion.

A Controversial Ruling

The ruling in question, handed down on April 17, found Berkeley’s ordinance to be in violation of the Energy Policy and Conservation Act. The act prohibits states from imposing regulations on energy efficiency, energy use, or water use once federal standards have been established. The panel argued that Berkeley’s ban on natural gas infrastructure interferes with the installation of necessary infrastructure for covered natural gas appliances.

A Shift in Understanding

The Biden administration’s brief highlighted that the panel’s opinion has “upended” the previous understanding that state and local officials can regulate health, safety, and drought response without conflicting with the law. The administration emphasized that the Energy Policy and Conservation Act primarily preempts energy conservation standards, not health and safety regulations.