Conservation Government Natural Gas Regulations 
Legal Planet
JANUARY 13, 2022
Today, the Court’s conservative Justices split the difference in two cases involving vaccine mandates, striking down OSHA’s mandate but upholding a more limited mandate for healthcare workers. Today, however, I’m going to focus instead on the conservative split and what it might mean for environmental law.
Law and Environment
JULY 12, 2021
Last week, Judge Yvonne Gonzalez Rogers ruled that the Berkeley ordinance essentially banning use of natural gas in new construction was not preempted by the Energy Policy and Conservation Act. Berkeley, with a population of barely 100,000 people, is trying move public policy towards an end of new natural uses of natural gas.
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Greenbuilding Law
APRIL 23, 2023
“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,” is the opening sentence and ultimate holding in the April 17, 2023, decision of the Ninth Circuit Court of Appeals in California Restaurant Association vs. City of Berkley.
Greenbuilding Law
JANUARY 7, 2024
Court of Appeals for the Ninth Circuit delivered a death blow to the City of Berkeley, California law attempting to ban natural gas, which the Court had last year found was preempted by federal law, with the action last week denying a petition to rehear the case. The Energy Policy and Conservation Act (“EPCA”), 42 U.S.C.
E2 Law Blog
FEBRUARY 9, 2024
Governor Kathy Hochul’s Executive Budget proposal (the Transportation, Economic Development, and Environmental Conservation budget bill (A.8808/S.8308)) 8308)) includes two pivotal energy proposals: the Renewable Action Through Project Interconnection and Deployment Act and the Affordable Gas Transition Act.
Law Columbia
JULY 7, 2021
The decision essentially – and subject to possible appeals – answered in the negative the question of whether Berkeley’s first-in-the-nation prohibition on natural gas hookups to newly-constructed buildings (often termed a “natural gas ban”; herein referred to as the “Berkeley Ordinance”) was preempted by the U.S.
MGKF Law
FEBRUARY 26, 2024
2024), the Ninth Circuit was tasked with determining whether the City of Berkeley’s attempt to prohibit the use of natural gas pipelines in new buildings through a local ordinance conflicted with the federal Energy Policy and Conservation Act (“EPCA”), 42 U.S.C. § City of Berkeley , 89 F. § 6297(c).
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