Federal appeals court shuts down Berkeley bid to revive ban on gas hookups

A Berkeley, Calif., ban on gas hookups in new buildings will remain blocked after the 9th Circuit Court of Appeals rejected a request to reconsider a prior ruling striking it down.

In April 2023, the court determined that the city ordinance violated the Energy Policy and Conservation Act of 1975, which bars local regulation gas appliances and their energy use. The city ordinance did not directly ban certain gas appliances, but rather the construction of gas pipes into the buildings.

The three-judge panel on Tuesday declined to permit a rehearing of the case by the entire court, Politico Pro reported.

The ruling comes as states such as New York, along with the federal government, have explored similar proposals, triggering nationwide backlash. U.S. Consumer Product Safety Commissioner Richard Trumka Jr., in January of last year deemed gas stoves a "hidden hazard," setting off a firestorm among conservatives.

Ben Whedon is an editor and reporter for Just the News. Follow him on X, formerly Twitter.