A group of 15 Democratic AGs filed an amicus brief with the U.S. Court of Appeals for the Sixth Circuit in support of the National Highway Traffic Safety Administration (NHTSA) and its defense of its final rule setting...more
In recent years, local governments have imposed restrictions or outright bans on the use of natural gas in residential and some commercial buildings, mostly affecting new construction and grandfathering existing buildings....more
Amid much fanfare, in 2022, the City of Palo Alto, California, home to Stanford University, amended its building code to require that every new building within its borders be all electric. This followed the lead of the City...more
Last week, the 9th Circuit voted against rehearing en banc its decision from last April finding the City of Berkeley’s ban on natural gas connections in new construction to be preempted by the Energy Policy and Conservation...more
In April, a three-judge panel in the Ninth Circuit Court of Appeals held that the City of Berkeley’s ordinance prohibiting natural gas infrastructure in new buildings was preempted by federal law. In June, Berkeley asked the...more
Last week, in California Restaurant Association v. City of Berkeley, the Ninth Circuit ruled the federal Energy Policy and Conservation Act (EPCA) preempts local bans on the installation of natural gas infrastructure in new...more
The Ninth Circuit recently weighed in on whether localities’ natural-gas infrastructure bans are preempted by federal laws including the Energy Policy and Conservation Act (EPCA). Some background. Many regulators and...more
On Monday, April 17, 2023, the United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) decided California Restaurant Association v. City of Berkeley, which ruled that the Energy Policy and Conservation Act...more
On Monday, the 9th Circuit Court of Appeals held that the City of Berkeley ordinance entitled “Prohibition of Natural Gas Infrastructure in New Buildings” was preempted by the Energy Policy and Conservation Act. The relevant...more
Last week, Judge Yvonne Gonzalez Rogers ruled that the Berkeley ordinance essentially banning use of natural gas in new construction was not preempted by the Energy Policy and Conservation Act. I’m not here to opine on the...more
Manufacturers, importers and private labelers of appliances, lighting products and commercial and industrial equipment can expect a much more aggressive federal regulatory approach to energy and water efficiency, as the Biden...more
On September 5, 2019, the U.S. Department of Energy (DOE) published a final rule and proposed rule regarding general service lamps and general service incandescent lamps with far-reaching implications for lamp manufacturers...more
Congress returned from a two-week recess on April 29, with the next one-week recess scheduled for the week of May 27. Since our last update, a number of energy-related bills have been introduced and congressional committees...more