A recent federal court ruling to uphold New York City's ban on gas in new buildings is restoring hope for cities across the country looking to continue pursuing electrification in their states, Grist reported. This ruling supersedes a previous verdict handed down by the 9th U.S. Circuit Court of Appeals in 2023, which struck down the first-in-the-nation gas ban in Berkeley, California.
In 2019, Berkeley became the first city in the United States to take a firm stance against gas by implementing a citywide ban on gas hookups for all new buildings, according to the Guardian. The law was approved unanimously by the city council and was supposed to take effect on Jan. 1, 2020.
However, before the law took effect, the California Restaurant Association filed a lawsuit against the city, claiming that the gas ban would have "uniquely negative impacts" on the food service industry, per NPR.
The lawsuit went to the 9th Circuit Court of Appeals, which ruled on behalf of the CRA, holding that by prohibiting gas hookups for buildings, Berkeley's law renders gas appliances useless, which the federal Energy Policy Conservation Act of 1975 allows — but with energy-efficiency standards.
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This loss hindered the state's progress toward achieving 100% clean energy by 2045. It also served as a cautionary tale for other cities looking to implement similar bans — that is, up until the recent federal court ruling supporting New York City's gas ban for new buildings.
The U.S. District Court for the Southern District of New York reached an opposite conclusion from the 9th Circuit, rejecting that New York City's ban prohibited gas appliances that are permissible under the EPCA. Rather, the court interpreted the city ban as a regulation on fuel use, which the city had historically done with kerosene space heaters, per Grist.
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New York City's latest win against gas hookups comes as a beacon of light for the country's ongoing transition to clean energy. It could set a precedent for many other cities to follow.
Dror Ladin, senior attorney at Earthjustice, hopes that more cities will follow in New York City's footsteps. "Berkeley is not a well-reasoned decision, and this judge saw right through it, and I think many other judges will see through it, too," he said, per Grist.
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