• Privacy Policy
  • About Us
  • Contact Us
Climate Change Dispatch
  • Home
  • Videos
  • Who We Are
  • Facts Vs. Fearmongering
    • Real science vs Junk Science
      • 1100-plus Peer-Reviewed Studies
      • Michael Crichton: Aliens Cause Global Warming
      • Climate change and its causes
      • Climate Science Primer
      • CO2 is not pollution
      • Deceptive Surface Temperature Records
      • Editorial: Great Global Warming Hoax
      • Rules for Climate Radicals: Part 1
      • Rules for Climate Radicals: Part 2
      • Rules for Climate Radicals: Part 3
      • Why CO2 Is A Minor Player In Global Climate
      • Why Politicized Science Is So Dangerous
    • Facts Not Fear
      • A Simple Question For Climate Alarmists
      • Climate Change – The Facts
      • Climate Change Fears Are Empirically Baseless
      • Global Warming 101
      • Global Warming Q&A
      • Understanding The Medieval Warm Period
      • Ocean Cycles and Climate
      • Overview of Plate Climatology Theory
      • Precautionary Principle
      • Should We Celebrate Carbon Dioxide?
      • The Skeptics Handbook
      • Weather Versus Climate
      • Why I’m a GW skeptic
      • Winning the climate debate with facts
      • Why Aliens Cause Global Warming
    • Greenhouse FAQs
      • CO2, Plants, & Industry
      • How much have temps changed?
      • How much have temps changed?
      • How much have temps changed?
      • Is global warming real?
      • Measuring temperature
      • Swimming in CO2?
      • Scientists urge caution?
      • Today’s warming trend
      • Variations in temperature
    • Gore’s Greatest Goofs
      • Deconstructing the Truth
      • Fact-Checking Al Gore’s Latest Predictions
      • How Gore Created The Global Warming Hoax
    • Inside Real Climate
      • Closer look at the 97% Consensus
      • GW’s Amazing Story
      • IPCC gets failing grade
      • Real Climate Exposed!
      • Truth about Real Climate
      • We’ve Been Conned
      • What is there a 97% consensus about?
    • Behind the IPCC
      • 1,000 Scientists Dissent
      • Climategate: Caught Green-Handed!
      • Climategate Inquiries
      • Climategate Inquiries 2
      • NIPCC Report Now Available
      • Understanding the Climategate Inquiries
  • Submissions
  • Contact Us
No Result
View All Result
  • Home
  • Videos
  • Who We Are
  • Facts Vs. Fearmongering
    • Real science vs Junk Science
      • 1100-plus Peer-Reviewed Studies
      • Michael Crichton: Aliens Cause Global Warming
      • Climate change and its causes
      • Climate Science Primer
      • CO2 is not pollution
      • Deceptive Surface Temperature Records
      • Editorial: Great Global Warming Hoax
      • Rules for Climate Radicals: Part 1
      • Rules for Climate Radicals: Part 2
      • Rules for Climate Radicals: Part 3
      • Why CO2 Is A Minor Player In Global Climate
      • Why Politicized Science Is So Dangerous
    • Facts Not Fear
      • A Simple Question For Climate Alarmists
      • Climate Change – The Facts
      • Climate Change Fears Are Empirically Baseless
      • Global Warming 101
      • Global Warming Q&A
      • Understanding The Medieval Warm Period
      • Ocean Cycles and Climate
      • Overview of Plate Climatology Theory
      • Precautionary Principle
      • Should We Celebrate Carbon Dioxide?
      • The Skeptics Handbook
      • Weather Versus Climate
      • Why I’m a GW skeptic
      • Winning the climate debate with facts
      • Why Aliens Cause Global Warming
    • Greenhouse FAQs
      • CO2, Plants, & Industry
      • How much have temps changed?
      • How much have temps changed?
      • How much have temps changed?
      • Is global warming real?
      • Measuring temperature
      • Swimming in CO2?
      • Scientists urge caution?
      • Today’s warming trend
      • Variations in temperature
    • Gore’s Greatest Goofs
      • Deconstructing the Truth
      • Fact-Checking Al Gore’s Latest Predictions
      • How Gore Created The Global Warming Hoax
    • Inside Real Climate
      • Closer look at the 97% Consensus
      • GW’s Amazing Story
      • IPCC gets failing grade
      • Real Climate Exposed!
      • Truth about Real Climate
      • We’ve Been Conned
      • What is there a 97% consensus about?
    • Behind the IPCC
      • 1,000 Scientists Dissent
      • Climategate: Caught Green-Handed!
      • Climategate Inquiries
      • Climategate Inquiries 2
      • NIPCC Report Now Available
      • Understanding the Climategate Inquiries
  • Submissions
  • Contact Us
No Result
View All Result
Climate Change Dispatch
No Result
View All Result

To Biden’s Dismay, Appeals Court Deals Death Blow To Berkeley’s Natural Gas Ban

by Thomas Catenacci
January 03, 2024, 9:27 AM
in News and Opinion
Reading Time: 3 mins read
A A
2

natural gas pipeline storageA federal appeals court rejected a petition Tuesday to rehear a case related to a natural gas ban proposed by the City of Berkeley, California, which the panel ruled was illegal last year.

The U.S. Court of Appeals for the Ninth Circuit ultimately denied Berkeley’s petition for rehearing en banc — a motion that received support from the Biden administration, Democratic-led states, and environmentalists — after it failed to receive majority support from the court’s non-recused active judges. [emphasis, links added]

Berkeley filed the motion last year after the court in April that a Berkeley law banning natural gas pipes in new construction violated federal statute.

Following the panel’s filing Tuesday, the Air-Conditioning, Heating, and Refrigeration Institute (AHRI), which had argued Berkeley’s law was illegal, applauded the court for ensuring consumer choice.

“Naturally, AHRI and particularly our member companies that manufacture products and equipment that use natural gas, are very pleased that the full court denied Berkeley’s appeal, thereby allowing the residents of Berkeley, and likely elsewhere, to continue to have choices with respect to energy sources for home and water heating,” AHRI President and CEO Stephen Yurek said in a statement.

“We look forward to continuing to work with states and localities to formulate solutions that help them meet their energy conservation and emission reduction goals without unduly impacting consumer health, safety, comfort, and productivity,” Yurek added.

In July 2019, Berkeley’s city council passed the ban which was set to go into effect in January 2020, making the city the first in the nation to approve such a measure.

Berkeley Councilwoman Kate Harrison, who authored the legislation, said at the time that it was part of the city’s effort to take “more drastic action” on climate change and curb greenhouse gas emissions.

However, months after it was approved, 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 Berkeley in July 2021, the CRA filed an appeal, leading to the Ninth Circuit ruling in April.

The Ninth Circuit concluded that Berkeley’s law violated the federal Energy Policy and Conservation Act (EPCA) of 1975, which prevents local regulations from impacting the energy use of natural gas appliances.

“Instead of directly banning those appliances in new buildings, Berkeley took a more circuitous route to the same result,” Judge Patrick Bumatay wrote in the opinion of the court. “It enacted a building code that prohibits natural gas piping into those buildings, rendering the gas appliances useless.”

“In sum, Berkeley can’t bypass preemption by banning natural gas piping within buildings rather than banning natural gas products themselves,” he continued in the ruling. “EPCA thus preempts the Ordinance’s effect on covered products.”

CRA President and CEO Jot Condie said at the time that Berkeley’s attempt to ban natural gas hookups was “an overreaching measure beyond the scope of any city.”

After Berkeley then filed its petition for rehearing, the Department of Justice (DOJ) in June filed an amicus brief in support of the city’s gas hookup ban. …snip…

The case has drawn the attention of industry groups that supported CRA — including the American Gas Association and AHRI — and environmental groups and other jurisdictions across the country that supported Berkeley’s ordinance, including the National League of Cities, California, Maryland, New York, Oregon, Washington, D.C., and New York City.

Read full post at Fox News

  • Truth
  • Twitter
  • Facebook
  • LinkedIn
  • Gettr
  • Threads
  • gab-logo Gab
  • Mastodon
  • Buffer
  • Telegram
  • Email
  • Copy Link
  • Share Using More Networks…

Popular Posts

Bipolar

New Study: Ice Core Data Shows Modern Warming Is Statistically Unremarkable

Mar 05, 2026
Electric Vehicles (EVs)

The ‘Green’ Scam Of The Century: How ‘Renewables’ Increase Fossil Fuel Demands

Oct 23, 2024
News and Opinion

Antarctica Is Colder, Icier Today Than At Any Time In 5,000 Years

Apr 15, 2024

Comments 2

  1. Spurwing Plover says:
    2 years ago

    Some Common Sense from the 9th circuit Court The Berkeley Ban was mostly based upon Junk Science and Politics then on real Science. Take a Hike Biden

  2. Steve Bunten says:
    2 years ago

    Stunning that the most liberal circuit court, the 9th Circuit, would rule that Bezerkely’s ordinance violates a federal law and is struck down. Let’s hope that the Circuit Courts in NY and elsewhere read this ruling and overrule NYC’s ban.

Stay Connected!

gab-logo

Donate Today

Beating back the alarmist narrative takes time and money. Please donate today to help!

Get notified when new posts are published!

Subscribe to receive a digest of daily stories, or get emailed once they're published. Check your Junk/Spam folder for a verification email.

Recent Posts

  • uk family balcony solarThe Climate Scaremongers: More Solar Panel Madness Under Ed Miliband’s Energy ‘Solution’
    Mar 20, 2026
    Ed Miliband's answer to the UK energy crisis? Plug-in solar panels and more wind farm subsidies — as he ignores the energy wealth in the North Sea. […]
  • woman exercise runningToo Hot to Exercise? TIME Reports Climate Change Will Make Us All … Lazy?
    Mar 20, 2026
    The latest climate-and-health study projects half a million extra deaths by 2050 — and funded by people with a stake in the outcome. […]
  • king newsom evs decreeNewsom Mandated Your Next Car. Trump’s DOJ Is Fighting Back
    Mar 20, 2026
    Newsom mandated your next car with a stroke of his pen — now Trump's DOJ is in court to make sure that mandate never takes effect. […]
  • chevron refineryHouse Energy Chair: Greenhouse Gas Protocol Driving Up Costs, Harming American Jobs
    Mar 19, 2026
    House Energy Chair Brett Guthrie says the Greenhouse Gas Protocol is a backdoor for radical climate mandates that drive up costs for American businesses. […]
  • voters vs climate lobbyClimate Lobby Panics Over Bill That Says Only Citizens Can Vote
    Mar 19, 2026
    Environmental groups and their Democratic allies are panicking over a bill that simply requires proof of citizenship to vote. Here's why. […]
  • earth satelliteNo, Climate Change Is Not Meaningfully Slowing Earth’s Rotation
    Mar 19, 2026
    Euronews falsely claims climate change lengthens days by 1.33 milliseconds, posing a threat, but variations in Earth’s rotation are historically routine. […]
  • solar farm countrysideLabour Says Wind And Solar Must Cover Half A Million Acres Of English Farmland
    Mar 18, 2026
    A new land use strategy sets aside 1% of all land for renewable energy by 2050, putting farmland and food security at risk. […]
  • new york utility metersHochul Wants To Pump The Brakes On New York’s Climate Law
    Mar 18, 2026
    Gov. Hochul wants to delay New York's landmark climate law, warning it would spike energy bills — but state lawmakers are pushing back. […]
  • Santa Ynez offshore facilityTrump Ends Newsom’s War On Oil To Restart California’s Offshore Production
    Mar 18, 2026
    The Trump administration clears Sable Offshore to restart the Santa Ynez Unit as Newsom vows to fight back. […]
  • post oscars trashFans Shocked At Post-Oscars Trash Left By Hollywood’s Climate Doomers
    Mar 17, 2026
    Fans blast Hollywood climate activists after photos of trash-strewn Dolby Theatre go viral following the Oscars. […]

Submit a tip

Please enter your email, so we know you're human.

Books You May Like

Climate prn book

exposing great lie

Have a suggestion? Let us know! We swap out books based on your input. We participate in the Amazon Services LLC Associates Program. See here.

  • Privacy Policy
  • DMCA Policy
  • About Us
  • Contact Us

© Portions copyright Climate Change Dispatch

No Result
View All Result
  • Home
  • Videos
  • Who We Are
  • Facts Vs. Fearmongering
    • Real science vs Junk Science
      • 1100-plus Peer-Reviewed Studies
      • Michael Crichton: Aliens Cause Global Warming
      • Climate change and its causes
      • Climate Science Primer
      • CO2 is not pollution
      • Deceptive Surface Temperature Records
      • Editorial: Great Global Warming Hoax
      • Rules for Climate Radicals: Part 1
      • Rules for Climate Radicals: Part 2
      • Rules for Climate Radicals: Part 3
      • Why CO2 Is A Minor Player In Global Climate
      • Why Politicized Science Is So Dangerous
    • Facts Not Fear
      • A Simple Question For Climate Alarmists
      • Climate Change – The Facts
      • Climate Change Fears Are Empirically Baseless
      • Global Warming 101
      • Global Warming Q&A
      • Understanding The Medieval Warm Period
      • Ocean Cycles and Climate
      • Overview of Plate Climatology Theory
      • Precautionary Principle
      • Should We Celebrate Carbon Dioxide?
      • The Skeptics Handbook
      • Weather Versus Climate
      • Why I’m a GW skeptic
      • Winning the climate debate with facts
      • Why Aliens Cause Global Warming
    • Greenhouse FAQs
      • CO2, Plants, & Industry
      • How much have temps changed?
      • How much have temps changed?
      • How much have temps changed?
      • Is global warming real?
      • Measuring temperature
      • Swimming in CO2?
      • Scientists urge caution?
      • Today’s warming trend
      • Variations in temperature
    • Gore’s Greatest Goofs
      • Deconstructing the Truth
      • Fact-Checking Al Gore’s Latest Predictions
      • How Gore Created The Global Warming Hoax
    • Inside Real Climate
      • Closer look at the 97% Consensus
      • GW’s Amazing Story
      • IPCC gets failing grade
      • Real Climate Exposed!
      • Truth about Real Climate
      • We’ve Been Conned
      • What is there a 97% consensus about?
    • Behind the IPCC
      • 1,000 Scientists Dissent
      • Climategate: Caught Green-Handed!
      • Climategate Inquiries
      • Climategate Inquiries 2
      • NIPCC Report Now Available
      • Understanding the Climategate Inquiries
  • Submissions
  • Contact Us

© 2026 Climate Change Dispatch

 
Share via
  • Facebook
  • Like
  • Twitter
  • Pinterest
  • LinkedIn
  • Digg
  • Tumblr
  • VKontakte
  • Print
  • Email
  • Reddit
  • Buffer
  • Love This
  • Weibo
  • Pocket
  • Xing
  • Odnoklassniki
  • WhatsApp
  • Meneame
  • Blogger
  • Amazon
  • Yahoo Mail
  • Gmail
  • AOL
  • Newsvine
  • HackerNews
  • Evernote
  • MySpace
  • Mail.ru
  • Viadeo
  • Line
  • Flipboard
  • Comments
  • SMS
  • Viber
  • Telegram
  • Subscribe
  • Facebook Messenger
  • Kakao
  • LiveJournal
  • Yammer
  • Edgar
  • Fintel
  • Mix
  • Instapaper
  • Copy Link
  • Truth
  • gab-logo Gab
  • Gettr
  • Baidu
  • Mastodon
  • Threads
  • Bluesky
Share via
  • Digg
  • Tumblr
  • VKontakte
  • Print
  • Email
  • Reddit
  • Buffer
  • Love This
  • Weibo
  • Pocket
  • Xing
  • Odnoklassniki
  • WhatsApp
  • Meneame
  • Blogger
  • Amazon
  • Yahoo Mail
  • Gmail
  • AOL
  • Newsvine
  • HackerNews
  • Evernote
  • MySpace
  • Mail.ru
  • Viadeo
  • Line
  • Flipboard
  • Comments
  • SMS
  • Viber
  • Telegram
  • Subscribe
  • Facebook Messenger
  • Kakao
  • LiveJournal
  • Yammer
  • Edgar
  • Fintel
  • Mix
  • Instapaper
  • Copy Link
  • Truth
  • gab-logo Gab
  • Gettr
  • Baidu
  • Mastodon
  • Threads
  • Bluesky