Court Blocks Berkeley’s Gas Stove Ban

By Ben Whedon, Just the News, April 26, 2023

A federal court on Tuesday has overturned a citywide ban on natural gas implements in new buildings that Berkeley, Calif., had implemented in a first of its kind decision.

The appeals court took the side of Berkeley's restauranteurs who challenged the ban on grounds that it would adversely impact their businesses, according to the Washington Times. The California Restaurant Association had brought the suit, asserting that "Cities and states cannot ignore federal law in an effort to constrain consumer choice, and it is encouraging that the 9th Circuit upheld this standard."

The three judges on the 9th Circuit panel unanimously overturned the ban. Two of the judges were Trump appointees while the third received the nod from Ronald Reagan. Their ruling upends a lower court ruling in support of the ban. The Berkeley City Council has not indicated plans to appeal as of press time, though it could conceivably reach the Supreme Court should they opt to pursue the matter.

Their decision comes amid a nationwide push to eliminate the use of natural gas in new construction due to climate change concerns. The federal government attracted scrutiny over comments from Consumer Product Safety Commissioner Richard Trumka Jr., who in January called the appliances a "hidden hazard."