Written by by NICK POPE at wattsupwiththat.com
A federal appellate court ruled Tuesday that it would not reconsider an earlier decision that prevents the city of Berkeley, California, from enforcing its de facto ban on installing gas-powered appliances in new buildings.
Berkeley, one of the most liberal cities in America, enacted the policy in 2019, marketing it as a means of countering climate change while others railed against it as a de facto gas stove ban. The California Restaurant Association sued the city over the ordinance, losing its challenge in federal court initially before a three-judge panel vindicated the trade group in April 2023, a decision the U.S. Ninth Circuit Court of Appeals opted against revisiting on Tuesday.
“By completely prohibiting the installation of natural gas piping within newly constructed buildings, the City of Berkeley has waded into a domain preempted by Congress,” Patrick Bumatay, a circuit judge on the Court of Appeals for the Ninth Circuit and member of the panel, wrote in his opinion. “The Energy Policy and Conservation Act (EPCA), 42 U.S.C. § 6297(c), expressly preempts State and local regulations concerning the energy use of many natural gas appliances, including those used in household and restaurant kitchens. Instead of directly banning those appliances in new buildings, Berkeley took a more circuitous route to the same result.” (RELATED: Electric Appliance Advocates Backed Study Driving Push To Ban Gas Stoves)
AOC Attacks Republicans Over Gas Stoves
OCASIO-CORTEZ: “I do think it’s funny, the…absolute…Republican meltdown…’You can’t take my gas stove…How dare you…You have a gas stove.’
“First of all, I rent.” pic.twitter.com/F32HhSzEga— Daily Caller (@DailyCaller) January 13, 2023
Notably, the Biden administration made a direct appeal to the Ninth Circuit to reinstate the ban in June 2023, calling the decision to toss the ban “erroneous.” A month prior to issuing that brief, the Department of Energy asserted that it is “misinformation” and a “myth” that “the federal government wants to ban gas stoves.”