Page 12 - may-jun 2023

Berk eley Gets

BANNED
BANNED

n Monday, April 17, 2023, the Ninth NPGA President and CEO wrote an Op-ed dis-
Circuit Court of Appeals overturned the cussing the ban, the judgment against the ban, and the
City of Berkeley, California’s ban on gas advocacy steps that will be taken in the future.
Ohookups in new buildings, finding that
Berkeley’s ordinance was preempted by federal law. “This victory is nothing
By banning new gas hookups, Berkeley’s now-over-
turned ban on gas piping into new buildings effective- short of monumental for the
ly prevented those appliances from using gas, but the gas industry.”
federal government already governs the use of gas -Steve Kaminski, President & CEO of NPGA
under the Energy Policy and Conservation Act (EPCA)
and cities are not empowered to enact conflicting
regulations. NPGA has been in close contact with the CRA’s
lead attorney since last summer. We expect the city of
The panel’s unanimous decision that Berke- Berkeley to appeal (first to the full 9th Circuit en banc
ley’s ban on gas piping is preempted by EPCA sets an then to the U.S. Supreme Court). NPGA’s attorneys are
important precedent for future cases, especially with conducting an in-depth review of the decision, under-
other cities and states considering restrictions on pinning laws, and will strategize on next steps with
consumer energy choice. NPGA is examining how the leadership.
decision will affect existing regulations in states that
the Ninth Circuit covers (Alaska, Arizona, California, For more, read NPGA President Steve Kamins-
Idaho, Montana, Nevada, Oregon, Washington, Guam, ki’s Op-ed, view the legal summary in the Member
and Hawaii) and will continue to advocate against Dashboard, or contact Director of Regulatory Affairs
bans throughout the country. Kate Gaziano with any questions.■

12 Alabama Propane Gas Association | May / June 2023