Berkeley’s gas ban is all but dead. What does that mean for other cities?

Federal appeals court affirms decision invalidating Berkeley’s first-in-the-nation gas ban on new buildings. The ruling casts uncertainty over similar policies in other cities within the 9th U.S. Circuit Court of Appeals’ jurisdiction. The court’s denial of rehearing effectively closes the door on local gas bans modeled after Berkeley’s, impacting several cities in western states. The ban, implemented in 2019, required all-electric appliances in new buildings, but faced legal challenges from the restaurant industry. The court’s decision may prompt cities to reconsider their own gas bans, depending on resources and legal risk. Cities still have options for electrifying buildings, such as building codes and air pollution standards. Despite setbacks, local governments remain motivated to address emissions from buildings.