The fossil fuel industry scored a major victory this week when a federal appeals court overturned the nation's first natural gas ban for new buildings in Berkeley, Calif. While the story may be far from over — proponents of the ban say they expect the city to appeal — some legal scholars worry the decision could have a chilling effect as states and cities across the country pursue similar bans, writes POLITICO's E&E News reporter David Iaconangelo. “I worry that state and local governments are going to take a broader view of today's decision than is actually warranted,” Amy Turner, a senior fellow at Columbia Law School’s Sabin Center for Climate Change Law, told David. The court ruling comes months after the White House disavowed the idea of trying to enact a national ban on gas-powered stoves — despite Republican accusations to the contrary. So barring states and localities from prohibiting gas hookups could have a major effect on the push to wean buildings off fossil fuels. In 2019, the city of Berkeley banned gas infrastructure in most new building projects. The California Restaurant Association sued the city, contending the ordinance is preempted by federal law. The three judges on the 9th U.S. Circuit Court of Appeals unanimously sided with the restaurant group, saying a ban on gas piping is essentially an unlawful ban on gas appliances such as stoves. Building wars: It’s not yet clear whether the decision will affect the national battle over phasing out natural gas in buildings. Electrification advocates and other analysts argue the decision was so specific to Berkeley’s municipal code that it will have no effect on many gas bans already in place — even in cities within the 9th Circuit's jurisdiction. About 100 cities have enacted some restrictions on fossil fuel use in buildings. In California, 25 cities have followed Berkeley’s gas ban. Big picture: Fossil fuel use in buildings accounts for a sizable chunk of U.S. emissions, and gas bans are among the tools cities use to tackle climate change. Local and state leaders — as well as the Biden administration — have also begun to point to the public health impacts of fossil fuel heating and cooking equipment, including on illnesses such as childhood asthma. The Energy Department recently proposed new regulations on gas stoves that would disqualify about half of the models sold in the United States today. And the Consumer Product Safety Commission voted in favor of collecting public input on hazards associated with gas stoves, in support of possible new regulations. Both steps fall short of a ban, however.
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