The U.S. Department of Energy recently told an appeals court that federal law does not stand in the way of local governments banning new natural gas hookups.
According to the Institute for Energy Economics and Financial Analysis (IEEFA), the statement comes after a lawsuit by the California Restaurant Association (CRA) against the city of Berkeley, California for issuing a ban against all new natural gas hookups in 2019.
The lawsuit from the CRA claimed the city was not legally allowed to ban new installations.
CRA argued that federal law preempted local law on the matter, to which the U.S. Energy Department has now disagreed. The agency claims that the law shows the federal government has not exerted such an authority.
"Berkeley’s natural gas ban is not only illegal but it’s ill-conceived," CRA said in a statement. "Restaurants rely on affordable natural gas for cooking and baking, as well as for heating, hot water, and reliable power. A natural gas ban won’t just change the way restaurant kitchens do their cooking, it has the potential to harm restaurants financially and fundamentally changes their business. The CRA will continue to fight to protect the interests of its members."
Some states, such as New York, have successfully prohibited cities and counties from banning natural gas hookups.