Ninth Circuit Holds Berkeley’s Gas Ban Preempted by U.S. Energy Policy & Conservation Act
ClimateChange-ClimateLaw
APRIL 18, 2023
In 2021, the District Court ruled that the Berkeley ordinance was not preempted by EPCA , rejecting the notion that EPCA preempts local ordinances that do “not facially address any of those [energy conservation or energy use] standards.” Under EPCA, the U.S. Berkeley has not yet said whether it will appeal the Ninth Circuit’s ruling.
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