Berkeley Will Repeal Its Landmark Ban on Natural Gas in New Homes – The New York Times

The city of Berkeley, Calif., has agreed to repeal a landmark climate rule that would have banned natural gas hookups in new homes, throwing into question the fate of dozens of similar restrictions on gas in cities across the country.

Berkeley’s gas ban, which was the first of its kind when it passed in 2019, had been challenged in court by the California Restaurant Association and was struck down last year by a three-judge panel on the United States Court of Appeals for the Ninth Circuit. The city settled the lawsuit last week by agreeing to immediately halt enforcement of the rule and eventually repeal it altogether.

“To comply with the Ninth Circuit’s ruling, we have ceased enforcement of the gas ban,” Farimah Brown, the city attorney for Berkeley, said in an email. However, she added, “Berkeley will continue to be a leader on climate action.”

The decision could have widespread ripple effects. Over the past few years, more than 140 cities and local governments have followed Berkeley’s lead in seeking to end the use of natural gas in new buildings in order to tackle climate change, including New York City, Los Angeles, San Francisco and Seattle. Many of those efforts are facing fierce resistance and legal challenges from the gas industry, restaurants and homebuilders.

It is unclear whether other gas bans could be overturned. Some city ordinances were structured differently than Berkeley’s and may survive legal scrutiny. Some California communities, including San Luis Obispo and Santa Cruz, had already dropped efforts to ban gas hookups outright and are instead pursuing measures to shift away from natural gas through building efficiency standards.

“We are encouraged that the City of Berkeley has agreed to take steps to repeal the ordinance,” said Jot Condie, president of the California Restaurant Association. “Every city and county in California that has passed a similar ordinance should follow their lead.”