Republican groups are applauding the recent ruling from the US Court of Appeals for the Ninth Circuit that struck down a ban on gas stoves in Berkeley, California. The ban had been challenged by the California Restaurant Association, who argued that the ban would hamper chefs‘ ability to properly prepare food as they had been trained to do.
The Ninth Circuit found that the federal Energy Policy and Conservation Act pre–empts state and local authorities from regulating natural gas, and that Berkeley was attempting to do indirectly what the law says they cannot do directly by banning the piping of natural gas within buildings.
Reform California chair Carl DeMaio said that the decision was a victory for conservatives, and that it would not only apply to new construction, but would also block the costly home retrofits that some cities and counties have sought to impose.
The decision could have implications beyond the city of Berkeley, and it is likely to be opposed by the Biden administration, who have sought to reduce the use of gas stoves in an effort to combat climate change. With Berkley being out, the Biden Administration’s chances of seeing this come to fruition are slim to none. However, the ruling is a victory for conservatives who had argued that the ban was unjustified and would harm the livelihoods of chefs and restaurant owners.
The court’s decision highlights the importance of federal laws in setting limits on what states and localities can do and serves as a reminder that the federal government still has the power to overrule local laws that violate their regulations. Conservatives will be hoping that this ruling serves as a precedent for other cases where states and localities attempt to bypass federal laws.
"Ninth Circuit Tosses Out Ban on Gas Stoves" In a ruling on Monday, the U.S. Court of Appeals for the Ninth Circuit tossed out a ban on gas stoves in Berkley, California. The court cited the federal Energy Policy and Conservation Act as pre-empting state and local authoritie…
— Democracy In Motion (@DemocracyMotion) April 18, 2023