Press Releases and Statements

APGA Supports 9th Circuit’s Holding that EPCA Preempts Berkeley Gas Ban

Washington, D.C. (April 17, 2023) – The American Public Gas Association (APGA), representing more than 730 local, municipally owned natural gas systems in 38 states, issued the following statement in response to the recent order by the U.S. Court of Appeals for the Ninth Circuit holding that the Berkeley (CA) ordinance banning gas hookups in new buildings was preempted by the Energy Policy and Conservation Act (EPCA):

“The American Public Gas Association (APGA) applauds the U.S. Court of Appeals for the Ninth Circuit for holding that federal law preempts the Berkeley, California ban on natural gas hookups in new buildings and that the California Restaurant Association (CRA) had sufficient standing to bring the suit. We appreciate the impartiality of the panel in the appeal process for recognizing the legitimate concerns of the CRA and acknowledging the weight that the federal preemption clause of the Energy Policy and Conservation Act (EPCA) holds in particular. While we support Berkeley’s goal of reducing emissions, APGA believes that progress on this front should not be done in a manner that is both contrary to federal law and at the expense of consumers and local small businesses.

Legislative and regulatory efforts, like local natural gas bans, continue to threaten Americans’ ability to choose the best energy source for their lifestyles and budgets. APGA recognizes that this decision will have broad ramifications for other similar attempts to ban the direct use of natural gas at the state and local level. We encourage policymakers to further examine the implications of myopic bans on natural gas use for consumers and business owners alike.”