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US Cities Seeking to Ban Natural Gas in New Buildings Just Got a Big Win in Court
After a string of discouraging rulings for other cities, a court upheld NYC’s efforts to decarbonize its buildings.
That order, issued by the 9th US Circuit Court of Appeals in 2023 and upheld again last year, prompted cities across the country to withdraw or delay laws modeled after the Berkeley ordinance. The decision could help reassure some states and cities that withdrew electrification plans after the Berkeley case, said Dror Ladin, a senior attorney at Earthjustice, a nonprofit that submitted an amicus brief on behalf of local environmental groups in the lawsuit. By agreeing with the 9th Circuit dissent’s interpretation of EPCA, last week’s decision bolsters all types of electrification policies, including the one in New York City and those modeled after Berkeley, Turner noted.
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