Arlington, Va. – The Air-Conditioning, Heating, and Refrigeration Institute (AHRI) today applauded the decision of the U.S. District Court of Appeals for the 9^th 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.