"Federal attorneys say the local rules conflict with the Energy Policy and Conservation Act, a federal law that sets national standards for how appliances use energy. By effectively prohibiting gas-powered stoves, furnaces, water heaters and other equipment in new construction, the government argues, the cities are regulating products that Congress placed under federal control. The complaint points to a 2024 ruling by the U.S. Court of Appeals for the Ninth Circuit in a case involving the city of Berkeley."
"The government says Morgan Hill's ordinance "functions to ban all use of gas appliances in new buildings" unless a limited exception applies. It makes a similar allegation about Petaluma's ordinance, which applies to new buildings and major renovations, with some exceptions and an option for a waiver in certain cases. The filing also notes that federal standards already cover many natural gas-fueled products, including water heaters, furnaces, clothes dryers, stoves and pool heaters."
Federal government filed a lawsuit against Morgan Hill and Petaluma in U.S. District Court for the Northern District of California seeking to block local ordinances that ban natural gas infrastructure in new buildings. The suit asks the court to declare the ordinances invalid and permanently enjoin enforcement. The government contends the ordinances conflict with the Energy Policy and Conservation Act by effectively prohibiting gas-powered stoves, furnaces, water heaters and other appliances subject to federal standards. The complaint cites a 2024 Ninth Circuit ruling involving Berkeley and notes neither city sought Department of Energy approval. It notes other California cities have rolled back similar laws.
Read at The Mercury News
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