News & Analysis as of

Energy Policy Energy Policy and Conservation Act (EPCA)

K&L Gates LLP

Natural Gas Bans: From New York to Washington, Courts Shift the Landscape on Legality of State and Local Gas Bans

K&L Gates LLP on

Following the election wins we reported on in November 2024, state and local bans on the use of natural gas remain a highly litigated issue across the country. In this alert, we cover two recent cases dealing with local and...more

Cozen O'Connor

Fuel Efficiency Rule Recharged by Democratic AG Support

Cozen O'Connor on

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

Gray Reed

Department of Energy Efficiency Standards Stymied

Gray Reed on

If you deny the administrative state’s insatiable lust for dominion over the most mundane aspects of your everyday life, consider Louisiana, et al  v. U.S. Department of Energy. Its more gradual than the noose but just as...more

K&L Gates LLP

It's a Gas! Federal and State Developments Continue to Light Up the Natural Gas Debate

K&L Gates LLP on

In April 2023, we reported on the US Court of Appeals for the Ninth Circuit’s decision in California Restaurant Association (CRA) v. City of Berkeley striking down a Berkeley ordinance that prohibited natural gas piping in...more

Verrill

Can Building Codes Ban Natural Gas After 9th Circuit Court Declines Rehearing?

Verrill on

The 9th Circuit Court of Appeals’ refusal to rehear a pivotal gas appliance regulation decision has thrown a wrench into local efforts to reduce fossil fuel use....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Energy Policy and Conservation Act/Berkeley, California, Building Code: Federal Appellate Court Confirms Preemption in Rehearing...

The United States Court of Appeals Ninth Circuit (“Ninth Circuit”) addressed in a January 2nd Order and Amended Opinion (“Order”) a challenge to a Berkeley, California, building code provision that prohibited the installation...more

Foley Hoag LLP - Environmental Law

The Energy Policy and Conservation Act – Still – Preempts Berkeley’s Ban on New Natural Gas Connections

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

Foley Hoag LLP - Energy & Climate Counsel

Berkeley Seeks Re-Hearing of Ninth Circuit’s Decision on Natural Gas Ban Preemption

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

Schwabe, Williamson & Wyatt PC

Potential Impact of Ninth Circuit Decision Holding that EPCA Preempts Prohibition of Natural ‎Gas Infrastructure

In April, the Ninth Circuit held that a city’s ban on new natural gas hookups for new ‎construction was preempted by federal law. This may impact proposed or existing bans in Oregon ‎including in Eugene and Bend, and in...more

(ACOEL) | American College of Environmental...

The Berkeley Ban Is Not the Only Answer

As Seth Jaffe posted last week, the 9th Circuit recently struck down the City of Berkeley’s first-in-the-nation electrification ordinance that prohibited the installation of gas infrastructure in new buildings, finding the...more

Goldberg Segalla

New Ninth Circuit Ruling: City of Berkeley’s Gas Ban Preempted by U.S. Energy Policy & Conservation Act

Goldberg Segalla on

On Monday, April 18, the Ninth Circuit Court of Appeals issued a ruling in California Restaurant Association v. City of Berkeley, overturning a lower federal district court’s ruling to revoke the City of Berkeley,...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Energy Policy and Conservation Act/Berkeley, California, Building Code: Federal Appellate Court Addresses Preemption Issue

The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) addressed in an April 17th Opinion a challenge to a Berkeley, California, building code provision that prohibited the installation of natural gas...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Energy Conservation Standards/Energy Policy and Conservation Act: Natural Resources Defense Council Files Federal District Court...

The Natural Resources Defense Council (“NRDC”) and several other consumer environmental groups (collectively “NRDC”) filed a lawsuit against the United States Department of Energy (“DOE”) in the United States District Court...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Four Energy Conservation Standards: Federal Court Addresses Lawsuit Alleging Department of Energy Violation of Energy Policy and...

A United States District Court (Northern District of California) addressed in a February 15th Order a Motion for Summary Judgment arguing that the United States Department of Energy (“DOE”) violated the Energy Policy and...more

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