This should make Kamala Harris happy, if she decides to build in Berkeley. She loves her gas stoves….just not for you peasants
Federal Court Deals Knockout Punch To Blue City’s Biden-Backed Effort To Ban Gas Stoves
A federal appellate court ruled Tuesday that it would not reconsider an earlier decision that prevents the city of Berkeley, California, from enforcing its de facto ban on installing gas-powered appliances in new buildings.
Berkeley, one of the most liberal cities in America, enacted the policy in 2019, marketing it as a means of countering climate change while others railed against it as a de facto gas stove ban. The California Restaurant Association sued the city over the ordinance, losing its challenge in federal court initially before a three-judge panel vindicated the trade group in April 2023, a decision the U.S. Ninth Circuit Court of Appeals opted against revisiting on Tuesday.
“By completely prohibiting the installation of natural gas piping within newly constructed buildings, the City of Berkeley has waded into a domain preempted by Congress,” Patrick Bumatay, a circuit judge on the Court of Appeals for the Ninth Circuit and member of the panel, wrote in his opinion. “The Energy Policy and Conservation Act (EPCA), 42 U.S.C. § 6297(c), expressly preempts State and local regulations concerning the energy use of many natural gas appliances, including those used in household and restaurant kitchens. Instead of directly banning those appliances in new buildings, Berkeley took a more circuitous route to the same result.”
Interestingly, while I like that the 9th killed the ban, I’m torn: nowhere in the Constitution does it seem to give the Congress the power to be the only ones who can make this policy. Shouldn’t this be the domain of the States and The People? Where did this federal government power come from? Just because they say so doesn’t mean it is Constitutional, just like so many other powers they’ve taken.
And, really, the climate loons in Berkeley voted for the ban. Most of the restaurant owners complaining surely voted for the hyper-left wing moonbats on the city council. Anyone wanting a gas stove, well, you probably voted for this. They should have to suffer the consequences.
Kamala Harris roasted for Christmas pic: 'Is that another gas stove?'https://t.co/x8TIoWjMFD
— stanley stack (@stack_stan37447) January 3, 2024
And don’t forget that Brandon has one
Hey @Antoni, what are you cooking tonight? pic.twitter.com/otSh31u5E3
— Dr. Jill Biden (@DrBiden) September 2, 2020
Read: Federal Court Kills Berkeley’s Ban On New Gas Stoves »
A federal appellate court ruled Tuesday that it would not reconsider an earlier decision that prevents the city of Berkeley, California, from enforcing its de facto ban on installing gas-powered appliances in new buildings.
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