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State and Local Authority Over Residential Natural Gas After CRA v. Berkeley
Buildings account for 25 percent of greenhouse gas emissions in California, resulting largely from the use of natural gas for heating, cooking, and drying. Since 2019, local governments throughout California and the United States have adopted regulations designed to reduce these emissions. These regulations often include a prohibition on gas infrastructure in new buildings, a phase out of existing gas appliances, or measures designed to encourage or require the use of electric appliances instead of gas appliances. Some local governments, as well as state and regional air districts, have adopted limitations on nitrogen oxide (NOx) emissions from appliances such as water heaters and furnaces. In California Restaurant Association v. City of Berkeley, the Ninth Circuit found that a 1975 federal statute, the Energy Policy and Conservation Act preempted one approach—Berkeley’s prohibition on gas infrastructure in new buildings. This webinar will discuss the court’s decision and its implications for a range of state and local approaches to reducing greenhouse gas emissions from buildings.
1 Participatory MCLE Credits
All
Standard
Non-Member
$65.00
CLA Member
$45.00
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