Ninth Circuit Declines to Rehear Berkeley Natural Gas Ban

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 …