The U.S. Court of Appeals for the Ninth Circuit declined on January 2, 2024 to rehear en banc its April 2023 decision by a three-judge panel that overturned Berkeley’s ban on natural gas in new construction. The majority opinion of the full panel of judges concluded that the Energy Policy and Conservation Act (EPCA) “preempts Berkeley’s building code’s …
Keep reading with a 7-day free trial
Subscribe to California Energy Journal to keep reading this post and get 7 days of free access to the full post archives.