Berkeley challenges appeals court ruling on natural-gas ban

After a three-judge panel ruled that cities do not have the authority to ban the installation of natural gas equipment in newly constructed buildings, Berkeley is now asking for a do-over.

The city passed its first-in-the-nation gas-ban ordinance in 2019, pioneering an approach to reducing carbon emissions and pollutants that spread to nearly two dozen cities in the Bay Area and across the country. But Brown argues that the 48-year-old laws’s “text, structure and enactment history and this Court’s governing precedents make exceptionally clear Congress did nothing of the sort.”

In her petition, Brown said that the ruling calls into question the ability for elected officials to effectively protect residents’ health and wellbeing — conflicting with Supreme Court precedent, previous Ninth Circuit decisions and the Constitution.

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