The Energy Policy and Conservation Act – Still – Preempts Berkeley’s Ban on New Natural Gas Connections
Law and Environment
JANUARY 9, 2024
Last week, the 9 th Circuit voted against rehearing en banc its decision from last April finding the City of Berkeley’s ban on natural gas connections in new construction to be preempted by the Energy Policy and Conservation Act. Even such a direct prohibition would not affect the “energy use” of any appliance.
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