A federal appeals court has overturned Berkeley, California’s 2019 ban on natural gas in new construction, setting a precedent that is likely to impact dozens of other municipalities that have moved to end natural gas use or are considering a prohibition.

Berkeley was the first city in the U.S. to ban natural gas use in new construction, a move that the city council approved unanimously and said was necessary to support the city’s goal of achieving net-zero emissions by 2050.

But a federal court has sided with the city’s restaurant owners who argued the ban unlawfully trounced federal energy policy and hurt their business. 

The ruling by the 9th U.S. Circuit Court of Appeals in San Francisco was handed down amid a brewing war over natural gas. Democratic-led states and municipalities across the country are moving to prohibit it in new construction to cut emissions. Red states, meanwhile, are taking steps to prohibit natural gas bans. 

Energy policy strategist Frank Maisano said the ruling could impact natural gas policies now under review in other municipalities.  

“Berkeley was the initial one. It was the cannon shot on the Lexington green for banning gas stoves, and four years later, with all of these states and cities doing things on both sides, the initial shot is now proven to be illegal,” Mr. Maisano said. 

SEE ALSO: Heated topic: Major flaws discovered in studies used to bolster efforts to ban gas stoves

The 9th Circuit ruled unanimously to overturn a lower court ruling two years ago that upheld the law. 

The suit was brought on behalf of the California Restaurant Association, which has argued natural gas appliances are critical for restaurants to operate effectively and efficiently and that the Berkeley ruling was overreaching by banning new natural gas hookups. 

“Cities and states cannot ignore federal law in an effort to constrain consumer choice, and it is encouraging that the 9th Circuit upheld this standard,” California Restaurant Association officials said in a statement.

The law firm representing the restaurant association said the ruling signals that cities and states “should not be permitted to overrule energy decisions that affect the country as a whole.”

Attorneys for Reichman Jorgensen Lehman & Feldberg said the decision “sets an important precedent for future cases, especially with other cities considering similar bans or restrictions on natural gas.”

Dozens of cities, mostly in California, have banned or restricted oil and gas hookups in new construction. Boston Mayor Michelle Wu last week signed a city ordinance requiring new construction that utilizes oil or natural gas to install solar panels and additional wiring to convert to electrification.

New York Governor Kathy Hochul announced in January she wants to phase out the sale of oil and gas appliances in existing residential and commercial buildings and she proposed a requirement that all new construction use only electricity by 2030.

• Susan Ferrechio can be reached at sferrechio@washingtontimes.com.