The ninth circuit court of Appeals has ruled in favor of NAHB and California builders in regard to the installation of natural gas piping in new buildings. The ruling states that all such installations are preempted by EPCA (Energy Policy and Conservation Act). In the recent past, NAHB had filed amicus briefs against the ban in two courts, the district and Ninth. This recent development makes this a precedent for all future cases in California and maybe other states.

The City of Berkeley, in 2019, implemented an ordinance regarding fuel gas piping. According to the policy, it was against the law to install any fuel gas piping from the gas meter to the vicinity of a new building. However, in hindsight, this ordinance brought a fierce debate and a lawsuit against it. The California Restaurant Association filed a claim that EPCA and state law preempted the 2019 Berkeley Ordinance and should be completely dismissed.

However, the same lawsuit was dismissed by the Northern District Court of California, citing that the ordinance does not specifically deal with any gas appliance and the impact the ordinance creates is not direct. The EPCA preemption was read out in a limited manner when the court heard the case. However, the California Restaurant Associate (also known as the 'Association') appealed against this ruling to a higher court.

The Association pointed out that the EPCA preemption should apply to regulations prohibiting the use of certain energy sources by covered products. And guess what? The Ninth Circuit agreed! They said that Berkeley's regulation was preempted because it banned the installation of gas infrastructure that is crucial for using natural gas appliances. So, in a nutshell, Congress made it clear that States and local governments can't stop people from using covered products in their homes, kitchens, or businesses.

Sadly, the court ruling left an opening for Berkeley as a second option to stop using natural gas. It further explained that the ruling only stops new building owners from having the right to a piping extension within their buildings. However, the court ruled that this case does not pertain to the rights of the City to preserve or develop the availability of a utility's delivery to gas meters.

This case pertains especially to California law. However, a similar ruling exists in Washington, which one might not be aware of. However, you can take advice from the experts at TOV Restoration to build your case, follow the rule in true letter and spirit and get what you wish for!