Ninth Circuit Denies en Banc Appeal of Berkeley Gas Ban Decision

Date Published: January 02, 2024

Contact: Francis Dietz
Vice President, Public Affairs

Arlington, Va. – The Air-Conditioning, Heating, and Refrigeration Institute (AHRI) today applauded the decision of the U.S. District Court of Appeals for the 9th Circuit in denying a petition for rehearing en banc by the City of Berkeley to the unanimous opinion of the 3-judge panel of that court that ruled on April 17, 2023 for the plaintiffs in the case California Restaurant Association v. City of Berkeley.  The 3-judge panel found that by preventing covered appliances from using natural gas, a Berkeley ordinance that prohibited installation of gas piping in new construction was preempted by the federal Energy Policy and Conservation Act (EPCA).  The city had been sued by the California Restaurant Association, with amicus briefs filed by AHRI, the National Association of Manufacturers, the California Building Industries Association, the National Association of Home Builders, and the Hearth, Patio, and Barbecue Association.

“Naturally, AHRI and particularly our member companies that manufacture products and equipment that use natural gas, are very pleased that the full court denied Berkeley’s appeal, thereby allowing the residents of Berkeley, and likely elsewhere, to continue to have choices with respect to energy sources for home and water heating,” said AHRI President & CEO Stephen Yurek. “We look forward to continuing to work with states and localities to formulate solutions that help them meet their energy conservation and emission reduction goals without unduly impacting consumer health, safety, comfort, and productivity,” he added.

About AHRI

The Air-Conditioning, Heating, and Refrigeration Institute (AHRI) is the trade association representing manufacturers of air conditioning, heating, and commercial refrigeration, and water heating equipment. An internationally recognized advocate for the industry, AHRI develops standards for and certifies the performance of many of these products. AHRI's 300+ member companies manufacture quality, efficient, and innovative residential and commercial air conditioning, space heating, water heating, and commercial refrigeration equipment and components for sale in North America and around the world. Learn more about AHRI’s office in the MENA region here.