The Ninth Circuit Court of Appeals recently struck down Berkeley, California’s ban on natural gas infrastructure in new buildings. The court ruled unanimously that the ban violates federal law. This subject is important as we will likely see more natural gas bans in the future, and the Berkeley case has set a precedent for how similar cases may be treated.

Brought by the California Restaurant Association, the National Restaurant Association, and the American Gas Association, the crux of the case was that Berkeley’s ban was preempted by the Energy Policy and Conservation Act (EPCA), which gives the federal government exclusive authority to regulate energy efficiency standards for appliances. Agreeing with the plaintiffs, the Ninth Circuit held that Berkeley’s ban was “a direct regulation of energy efficiency standards for appliances.” New York has implemented a natural gas ban starting in 2026.

Listen to my interview with Gary Toman, Partner at Weinberg, Wheeler, Hudgins, Gunn & Dial LLC, as we discuss this seminal case and the impact of the court’s ruling on consumers and businesses across the country.

Gary Toman has extensive experience representing corporations, banks, and professionals in complex litigation and arbitration matters and business disputes. Gary has substantial experience defending corporations in a wide variety of class actions. His practice includes litigation involving business and financial transactions, product liability, business torts, contract matters including participation agreements, shareholder agreements, and non-competition agreements, and environmental, real estate, and intellectual property matters. Gary has also handled cases and counseled clients in the healthcare field regarding antitrust issues, practice disputes, employment law matters, and other disputes. An experienced appellate advocate, Gary began his career as a law clerk to the Honorable R. Lanier Anderson, III of the United States Court of Appeals for the Fifth and Eleventh Circuits. He has briefed and argued cases in federal and state appellate courts across the country. Gary often serves as appellate counsel at trials to frame the record for possible appeal. Gary received his J.D. from Harvard Law School.

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Tom Hagy
Litigation Enthusiast and
Host of the Emerging Litigation Podcast
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FILED UNDER: Complex Litigation | Environmental + Climate | MassTorts + Class Actions​​
TAGS: Appeals | Climate Change | Energy & Natural Resources | Litigation & appeals