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The Associated Press

BERKELEY, Calif. 鈥� A federal appeals court on Monday overturned Berkeley鈥檚 first-in-the-nation ban on natural gas in new construction, agreeing with restaurant owners who argued the city bypassed federal energy regulations when it approved the ordinance.

The measure, which took effect in 2020 to cheers from environmentalists, was intended to reduce emissions of greenhouse gases that contribute to climate change. With some exceptions, the ordinance banned installations of natural gas piping in new residential and commercial buildings.

A lawsuit by the California Restaurant Association claimed the regulation violated federal law that gives the U.S. government authority to set energy-efficiency standards for appliances such as stoves, furnaces, and water heaters.

The U.S. Court of Appeals for the Ninth Circuit in San Francisco rejected a lower court judge鈥檚 decision two years ago that had upheld the Berkeley ordinance. In her 2021 decision, U.S. District Judge Yvonne Gonzalez Rogers said the city was not trying to regulate energy efficiency for appliances, but only the fuel they used.

But Judge Patrick Bumatay wrote in the Ninth Circuit court鈥檚 3-0 ruling that a local ordinance that bans appliances such as gas stoves 鈥渋mpacts the quantity of energy鈥� they consume, which is regulated by the federal government.

Jot Condie, president of the restaurant association, hailed the decision.

Berkeley鈥檚 ban was 鈥渁n overreaching measure beyond the scope of any city,鈥� he stated. 鈥淐ities and states are not equipped to regulate the energy use or energy efficiency of appliances that businesses and homeowners have chosen; energy policy and conservation is an issue with national scope and national security implications.鈥�

Supporters of the ordinance said the decision would not affect a small number of other California cities that have promoted electrification in their building codes.

The ruling was expected to be appealed, according to a statement from a group of environmental advocates.

Matt Vespa, a senior attorney with the nonprofit Earthjustice, called the decision misguided.

鈥淎s we face a climate and air quality crisis from coast to coast, it is vital that cities and states maintain all legal pathways to protect public health, cut climate emissions, and increase safety by addressing pollution from buildings, and we鈥檒l continue to fight to ensure this authority is preserved,鈥� Vespa stated.

Research has found that gas stoves in California are leaking cancer-causing benzene, while another study determined that in the U.S., gas stoves 鈥� even when turned off 鈥� are emitting 2.6 million tons of methane into the air each year.

Some federal lawmakers have called on the U.S. Consumer Product Safety Commission to address the potential health risks through regulation, such as requiring that gas stoves be sold with range hoods to improve ventilation or issuing mandatory performance standards for gas stoves to address the health effects of hazardous emissions.

But the Biden administration聽said earlier this year聽that there are on gas stoves.

The California Restaurant Association argued that Berkeley鈥檚 ban could end up eroding the region鈥檚 reputation for fine and creative dining.

鈥淚ndeed, restaurants specializing in international foods so prized in the Bay Area will be unable to prepare many of their specialties without natural gas,鈥� the lawsuit stated.

And while the ban applied only to some new construction, the association worried it could be the start of efforts to outlaw or restrict the use of natural gas in existing structures.

The trade group said such a move would harm restaurants that rely on gas 鈥渇or cooking particular types of food, whether it be flame-seared meats, charred vegetables, or the use of intense heat from a flame under a wok,鈥� according to the lawsuit.