Home » Federal appeals court strikes down California law regulating natural gas

Federal appeals court strikes down California law regulating natural gas

by Derek Andrews
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The US Courtroom of Appeals for the Ninth Circuit Monday struck down a Berkeley, California law that prohibited the set up of pure gasoline piping in newly constructed buildings.

The California Restaurant Affiliation introduced swimsuit in opposition to the Metropolis of Berkeley alleging that the regulation, enacted in 2020 to cut back greenhouse gasoline emissions, was preempted by Congress’s Energy Policy and Conservation Act (EPCA). The town argued that the EPCA solely preempts rules imposing requirements on the design and manufacturing of home equipment, not those who influence the distribution and availability of pure gasoline–which the Metropolis’s ordinance does. Due to this, town argued, its ordinance will not be preempted by the EPCA.

The court docket dominated within the restaurant affiliation’s favor, stating that the act “expressly preempts State and native rules in regards to the vitality use of many pure gasoline home equipment,” together with these needing the pure gasoline hookups prohibited by the Berkeley ordinance. The court docket additionally stated that the “circuitous route” the Metropolis of Berkeley took in its regulation created the identical end result as Congress’s regulation, which was to control pure gasoline use. Slightly than prohibiting the usage of pure gasoline home equipment in new buildings, the regulation prohibited the set up of pure gasoline hookups in order that home equipment needing pure gasoline can be rendered ineffective.

The court docket finally struck down the ordinance as a result of it “cuts to the guts of what Congress sought to forestall – state and native manipulation of constructing codes for brand spanking new development to control the pure gasoline consumption of coated merchandise.”

The publish Federal appeals court strikes down California law regulating natural gas appeared first on JURIST – News.

Photograph supply: jurist.org

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