Bay Area

Appeals Court Denies Request to Revisit Berkeley’s Natural Gas Ban

The U.S. Court of Appeals for the 9th Circuit has ruled against Berkeley’s pioneering natural gas ban. In a majority decision filed Tuesday, the court said Berkeley’s ordinance banning gas pipelines in new construction runs afoul of the federal Energy Policy and Conservation Act.

Published

11 months ago

January 8, 2024

Oakland Post

The act "expressly preempts state and local regulations concerning the energy use of many natural gas appliances, including those used in household and restaurant kitchens," Judge Patrick Bumatay wrote in the majority opinion.

By Kiley Russell
Bay City News
The U.S. Court of Appeals for the 9th Circuit has ruled against Berkeley’s pioneering natural gas ban.
In a majority decision filed Tuesday, the court said Berkeley’s ordinance banning gas pipelines in new construction runs afoul of the federal Energy Policy and Conservation Act.

The act “expressly preempts state and local regulations concerning the energy use of many natural gas appliances, including those used in household and restaurant kitchens,” Judge Patrick Bumatay wrote in the majority opinion.
“Instead of directly banning those appliances in new buildings, Berkeley took a more circuitous route to the same result,” Bumatay wrote. “It enacted a building code that prohibits natural gas piping in those buildings from the point of delivery at a gas meter, rendering the gas appliances useless.”

The Berkeley City Council unanimously approved the first-of-its-kind ordinance in July 2019.
It was designed to combat climate change by reducing natural gas emissions throughout the city by encouraging the use of more ecologically friendly electrical hookups.

“Climate change is an existential threat to our city, our homes, and our future,” Councilmember Kate Harrison, who authored the ordinance, said at the time. “It is time to take aggressive action to reduce our emissions across all sectors.”
The California Restaurant Association sued the city in November 2019, and in 2021 a lower court ruled against the restaurant organization.
In that ruling, the court found that the local ordinance didn’t conflict with federal regulations because it indirectly applied to appliances covered by federal law and that the federal rules should be interpreted so as not to “sweep into areas that are historically the province of state and local regulation.”

Last year, a panel of the 9th Circuit disagreed and ruled that federal law preempted the city’s new ordinance and on Tuesday, the full panel of judges denied a request to rehear the case.

Judge Michelle Friedland, writing the dissenting opinion for the 9th Circuit, said the majority opinion “misinterprets the statute’s key terms” and “needlessly blocks Berkeley’s effort to combat climate change, along with the equivalent laws passed by other local governments. Our system of federalism requires much more respect for state and local autonomy.”

Copyright © 2024 Bay City News, Inc. All rights reserved. Republication, rebroadcast or redistribution without the express written consent of Bay City News, Inc. is prohibited. Bay City News is a 24/7 news service covering the greater Bay Area.

Oakland Post

Posts by Oakland Post

Up Next

Arrests Made at People’s Park as Preparations For Construction on Site Begin Again

Don't Miss

LIVE! — ASK ALMA! — TUESDAY. 12.19.23 7PM EST

Oakland Post

Click to comment

Activism

Oakland Post: Week of November 27 – December 3, 2024

The printed Weekly Edition of the Oakland Post: Week of November 27 – December 3, 2024, 2024

Published

3 days ago

November 30, 2024

Oakland Post

To enlarge your view of this issue, use the slider, magnifying glass icon or full page icon in the lower right corner of the browser window.

Oakland Post

Posts by Oakland Post

Activism

OCCUR Hosts “Faith Forward” Conference in Oakland

The conference featured Congresswoman-elect Lateefah Simon, who will begin her term representing California’s 12th Congressional District in the U.S. House of Representatives in January.
Simon was honored with a special recognition from OCCUR for her civic and nonprofit leadership.

Published

1 week ago

November 24, 2024

Oakland Post

President and CEO of OCCUR addresses the audience at OCCUR Faith Forward 2024 Conference at Resurrection Church. Photo by Carla Thomas.

By Carla Thomas

The Oakland Citizens Committee for Urban Renewal (OCCUR) hosted its Faith Forward 2024 Conference on Nov. 8 at Resurrection Church in Oakland.

The conference featured Congresswoman-elect Lateefah Simon, who will begin her term representing California’s 12^th Congressional District in the U.S. House of Representatives in January.

Simon was honored with a special recognition from OCCUR for her civic and nonprofit leadership. During her remarks, She commended nonprofits making a difference, and shared how she looked forward to representing Oakland and surrounding areas.

Simon also encouraged attendees to continue fighting despite their concerns about the presidential election results. She also cautioned that there may be resources that are discontinued as a result.

“We know the assignment. We have many of the resources right within our own community, and we will be ok,” Simon assured the audience.

The conference led by OCCUR president, Dr. David B. Franklin, also featured panels on funding opportunities, case studies, economic development, sustainable housing solutions, and organizing for action.

“In order for organizations serving the community to thrive, everyone must collaborate, share resources, and not operate in silos,” said Franklin.

Speakers included San Francisco Foundation CEO, Fred Blackwell, San Francisco Foundation FAITHS Program Director Dr. Michelle Chambers, and Kingmakers of Oakland Founder, Chris Chatmon. Guests were briefed on how Kingmakers of Oakland has gone from a budget of zero to several million and is set to acquire 200 acres of property to expand their programs serving young boys. The leadership at the San Francisco Foundation encouraged nonprofits, churches, and community leaders to work together, especially when donations and funding numbers are lower.

Ben Bartlett of Berkeley City Council; Trevor Parham, CEO of Oakstop; and CEO of the Lao Family Community Development, Inc., Kathy Chao Rothberg, inspired attendees with stories about their journeys in the nonprofit sector.

Additional speakers included Deka Dike, CEO of Omatachi; Landis Green, CEO of DGS Strategies; Sasha Werblin, Director of Economic Development, LISC Bay Area; Oakland City Councilmember Treva Reid; Faith and Justice Organizer of East Bay Housing Organizations, Ronnie Boyd; and Todd Bendon, Executive Director of Faith in Action East Bay; among others.

The event allowed community leaders, faith-based leaders, and nonprofits to gain Insight on how to strengthen their profits financially, and communally.

OCCUR has served the community for over 70 years supporting the wellbeing of historically marginalized communities with collaborative strategies. For more information visit occurnow.org

Oakland Post

Posts by Oakland Post

Bay Area

Richmond’s New Fire Chief Sworn In

“Chief Osorio rose up through the ranks in the Richmond Fire Department over the last 21 years before being elevated to chief,” noted Harpreet Sandhu, field representative for Congressmember John Garamendi,. “He joined the department in 2002 and has served in multiple roles including firefighter, engineer, captain, battalion chief, training director and deputy fire chief.”

Published

1 week ago

November 24, 2024

Oakland Post

Chief Osorio (far left) was sworn in at a well-attended ceremony at Richmond City Hall on Nov. 15. All photos by Mike Kinney.

By Mike Kinney
The Richmond Standard

Richmond Fire Chief Aaron Osorio was sworn into his new role in a well-attended ceremony at Richmond City Council Chambers on Friday, Nov. 15.

The crowd included Osorio’s family and friends, rank-and-file Richmond firefighters, fellow fire chiefs from Bay Area agencies, elected officials and community members.

Richmond City Manager Shasa Curl provided an introduction and acknowledged Chief Osorio’s “heroic service to Richmond.”

Harpreet Sandhu, field representative for Congressmember John Garamendi, presented the chief with a Congressional Commendation, citing his 23 years of serving in the fire service in Richmond in numerous positions.

“Chief Osorio rose up through the ranks in the Richmond Fire Department over the last 21 years before being elevated to chief,” Sandhu noted. “He joined the department in 2002 and has served in multiple roles including firefighter, engineer, captain, battalion chief, training director and deputy fire chief.”

The chief’s wife, Maria, and two sons Roman and Mateo helped perform the badge-pinning.

Richmond City Clerk Pamela Christian then conducted the swearing-in ceremony.

Chief Osorio thanked his family, colleagues, and city for their support, calling it “very humbling” to take on leadership of an “amazing organization.”

Once the ceremony was done, the chief stated, “I’m ready to get to work.”