California Restaurant Association v. City of Berkeley (21-16278)
This case involves a challenge to Berkeley’s ordinance limiting connections to natural gas for new construction. A panel of the Ninth Circuit held that the ordinance is preempted by federal law (Energy Policy and Conservation Act). CSAC is supporting the City’s effort to have the full Ninth Circuit consider the case. CSAC’s amicus brief, which was drafted by Amy Turner at Columbia Law School in New York, argues for broad application of local police powers and narrow application of federal preemption standards in order for local governments to adopt ordinances and regulations that meet local needs.
