The Ninth Circuit Court of Appeals ruled that Berkeley does not have the power to mandate electric hookups in new development because a federal rule preempts the local regulation.

A ruling by the Ninth Circuit Court of Appeals ruled has overruled a Berkeley city ordinance banning natural gas hookups in new buildings—a dramatic legal setback for the first citywide ordinance mandating all-electric power in the United States.
Maya Earls and Samantha Hawkins report on the court ruling for Bloomberg Law, noting that the lawsuit was pursued by the California Restaurant Association and that the ruling hinged on a question of preemption. In the end, the court ruling decided that the city ordinance was preempted by the federal Energy Policy and Conservation Act (EPCA).
“Berkeley can’t bypass preemption by banning natural gas piping within buildings rather than banning natural gas products themselves,” the panel wrote in the ruling.
“By its plain text and structure, EPCA’s preemption provision encompasses building codes that regulate natural gas use by covered products,” Judge Patrick J. Bumatay wrote for the panel. “And by preventing such appliances from using natural gas, the new Berkeley building code does exactly that.”
Berkeley approved its natural gas ban in 2019, setting the stage for San Francisco, Seattle, and other cities to approve their own versions of gas bans. Natural gas hookups became a flare in the culture war earlier this year after a commissioner for the U.S. Consumer Product Safety Commission suggested the agency could ban gas stoves, like the city of Berkeley attempted to do at the local level.
FULL STORY: Berkeley Ban on Natural Gas Hookups Tossed by Ninth Circuit

Alabama: Trump Terminates Settlements for Black Communities Harmed By Raw Sewage
Trump deemed the landmark civil rights agreement “illegal DEI and environmental justice policy.”

Study: Maui’s Plan to Convert Vacation Rentals to Long-Term Housing Could Cause Nearly $1 Billion Economic Loss
The plan would reduce visitor accommodation by 25% resulting in 1,900 jobs lost.

Why Should We Subsidize Public Transportation?
Many public transit agencies face financial stress due to rising costs, declining fare revenue, and declining subsidies. Transit advocates must provide a strong business case for increasing public transit funding.

Paris Bike Boom Leads to Steep Drop in Air Pollution
The French city’s air quality has improved dramatically in the past 20 years, coinciding with a growth in cycling.

Why Housing Costs More to Build in California Than in Texas
Hard costs like labor and materials combined with ‘soft’ costs such as permitting make building in the San Francisco Bay Area almost three times as costly as in Texas cities.

San Diego County Sees a Rise in Urban Coyotes
San Diego County experiences a rise in urban coyotes, as sightings become prevalent throughout its urban neighbourhoods and surrounding areas.
Urban Design for Planners 1: Software Tools
This six-course series explores essential urban design concepts using open source software and equips planners with the tools they need to participate fully in the urban design process.
Planning for Universal Design
Learn the tools for implementing Universal Design in planning regulations.
Smith Gee Studio
Alamo Area Metropolitan Planning Organization
City of Santa Clarita
Institute for Housing and Urban Development Studies (IHS)
City of Grandview
Harvard GSD Executive Education
Toledo-Lucas County Plan Commissions
Salt Lake City
NYU Wagner Graduate School of Public Service