The U.S. District Court of Appeals for the Ninth Circuit recently turned down the city of Berkeley’s request for another hearing in the case brought by the California Restaurant Association (CRA), which had challenged the ban.

A three-judge panel in the same court, last April, had unanimously found that the Berkeley ordinance was pre-empted by the federal Energy Policy and Conservation Act (EPCA), thus overturning a lower court’s decision that had upheld the prohibition, which city officials said was designed to curb greenhouse gas emissions that result from burning fossil fuels. The ban, which took effect in 2020, had applied to natural gas infrastructure for use with HVAC systems, water heaters, and cooking appliances.

The city had been sued by the CRA, 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 Stephen Yurek, the AHRI president and CEO. “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.”