Berkeley can’t enforce natural gas ban, and neither can SLO

January 6, 2024

By KAREN VELIE

Berkeley can’t enforce its natural gas ban, and neither can San Luis Obispo or more than a dozen other cities in California. The 9th Circuit Court of Appeals on Jan. 2 declined a full court review of an opinion that found Berkeley’s ban on natural gas hookups in new construction is illegal, ruling in favor of the California Restaurant Association.

Unless the Supreme Court decides to review the case, the ruling against the ban will become final.

On April 17, 2023, a federal appeals court unanimously struck down Berkeley’s natural gas ban, an ordinance the SLO City Council mimicked even though it was under a legal challenge.

Instead of directly banning gas appliances, which violates the Energy Policy and Conservation Act, Berkeley circumvented the act by prohibiting the construction of gas lines in new construction. By prohibiting gas lines, Berkeley attempted to displace the authority of the U.S. Congress, according to the ruling.

On April 18, 2023, the SLO City Council voted unanimously to suspend its natural gas ban for new construction while directing SLO City Attorney Christine Dietrick to find out how Berkeley plans to move forward.