Fed Appeals Court Overturns Berkeley, CA “First in Nation” Gas Ban

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A rare victory for the forces of good. Berkeley, California, a bastion for liberal nuts (there's a reason the city's nickname is Berserkely), thought it was all cutesy when, in 2019, it passed the "first-in-the-nation" municipal ban blocking new construction (homes and businesses) from hooking up to natural gas pipelines. Berkeley said it wants to do its part to combat global warming. A few months later, the California Restaurant Association (CRA) filed a federal lawsuit challenging the city's ability to pass a law banning new natural gas hookups. After a lower court ruled in favor of the city, the CRA appealed it to the U.S. Court of Appeals for the Ninth Circuit. Yesterday the judges of the 9th Circuit ruled in favor of the CRA, telling the city it's trying to regulate gas stoves by denying pipeline hookups--something that only the federal government can do.

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