In July 2019, the city of Berkeley, California made headlines when it became the first city in the United States to ban natural gas hookups in new buildings. The ban, which was meant to take effect in 2020, was part of the city’s efforts to reduce greenhouse gas emissions and combat climate change. However, a recent court ruling has overturned the ban, citing state law.
On April 12th, 2023, the First District Court of Appeal ruled that the city of Berkeley’s ban on natural gas was preempted by state law. The court’s decision was based on a provision of California’s Health and Safety Code, which gives the California Energy Commission the exclusive authority to regulate the use of natural gas in buildings.
The court’s decision is a blow to Berkeley’s climate change efforts, as well as to the efforts of other cities in California and across the country that have followed Berkeley’s lead in banning natural gas. Proponents of the ban argue that natural gas is a fossil fuel that contributes to climate change, and that transitioning to all-electric buildings powered by renewable energy is necessary to meet California’s climate goals.
Opponents of the ban, including the natural gas industry and some city officials, argue that natural gas is a safe and reliable energy source that is critical to the state’s energy mix. They also argue that the ban would increase the cost of housing and make it more difficult for low-income residents to afford to live in Berkeley.
The court’s decision is likely to spark further debate about the role of local governments in regulating energy use and combating climate change. Some environmental groups have criticized the court’s ruling, arguing that it undermines local control and could make it more difficult for cities to take action on climate change.
In response to the court’s decision, Berkeley Mayor Jesse ArreguÃn issued a statement expressing disappointment and vowing to continue the city’s efforts to reduce greenhouse gas emissions. “While we are disappointed in the court’s ruling, we remain committed to our goal of achieving carbon neutrality by 2045,” ArreguÃn said. “We will explore all available options to continue to reduce our reliance on fossil fuels and move towards a clean energy future.”
The court’s ruling is also likely to have implications for other cities in California that have implemented or are considering similar natural gas bans. It remains to be seen whether these cities will continue to push for bans on natural gas or whether they will be deterred by the court’s decision.
In conclusion, the court ruling overturning Berkeley’s ban on natural gas highlights the challenges of balancing local control with state and federal regulations. It also underscores the difficult trade-offs involved in transitioning to a clean energy future. While the court’s decision is a setback for Berkeley’s climate change efforts, it is unlikely to deter the city and other municipalities from continuing to explore innovative solutions to reduce greenhouse gas emissions and combat climate change.
