Ninth Circuit Overturns Berkeley's Natural Gas Ban.

The Ninth Circuit has overturned an ordinance by the city of Berkeley, California, that banned natural gas hookups in new buildings, stating that the ordinance is preempted by federal law. The California Restaurant Association argued that the ordinance was preempted by the Energy Policy and Conservation Act. The panel agreed, stating that the ordinance effectively amounted to a ban on natural gas appliances. The decision was a win for the restaurant group, which argued that cities and states cannot ignore federal law in an effort to constrain consumer choice.