The city of Berkeley, California has agreed to repeal a landmark climate rule that would have banned natural gas hookups in new homes. The decision was made after the rule was challenged in court and struck down by a three-judge panel on the United States Court of Appeals for the Ninth Circuit. This settlement has raised questions about the fate of similar restrictions on gas in cities across the country. Many other cities, like New York City, Los Angeles, San Francisco, and Seattle, have also sought to end the use of natural gas in new buildings to combat climate change, but are facing resistance and legal challenges from the gas industry, restaurants, and homebuilders.
Despite the repeal of Berkeley’s gas ban, the impact on other gas bans remains unclear. Some city ordinances may survive legal scrutiny, as they were structured differently than Berkeley’s. Some California communities have already shifted away from gas through building efficiency standards instead of outright bans on gas hookups. The California Restaurant Association praised Berkeley’s decision to repeal the ordinance and urged other cities in California to follow suit. Homes and buildings are responsible for a significant portion of America’s planet-warming emissions, primarily from natural gas used in furnaces, heaters, and stoves.
Berkeley’s gas ban had brought attention to the issue of reducing natural gas usage, with dozens of cities quickly adopting similar measures to restrict gas use in new buildings. However, backlash from the natural gas industry, restaurants, and local utilities ensued, leading to legal challenges. The Ninth Circuit’s ruling last year forced Berkeley to abandon its rule, and since then, no cities in California have attempted to ban gas hookups. San Francisco is continuing to enforce a local ordinance restricting new gas hookups, citing differences in the wording of their rule that may make it legally sound.
The push to electrify homes has faced political opposition in many parts of the country, with some states passing laws to forbid cities from restricting gas use. The Energy Department’s proposed efficiency standards for stoves faced criticism from both Republicans and Democrats, resulting in a scaled-back rule allowing most gas stoves to comply. Despite challenges in banning gas infrastructure, there are other ways for local governments to encourage the shift away from fossil fuels, such as setting stringent energy performance standards in building codes. Some cities, like Seattle and San Jose, have adopted fuel-neutral standards that make it difficult to meet requirements without electric appliances.
In September, mayors from 25 California cities urged Governor Gavin Newsom to set statewide building codes mandating new buildings to be fully electric. This demonstrates a continued effort by cities to tackle climate change by reducing reliance on natural gas. The legal battles and political challenges surrounding gas bans highlight the complexities and debates surrounding climate action at the local level. The outcome of these disputes will likely impact the trajectory of climate policy and the transition towards cleaner energy sources in cities across the country.
