Winning. Ninth Circuit throws out Berkeley ban on gas stoves. As you know only far left extremists support these crazy moves by federal, state, and local governments. Well a group I worked with for years, the California Restaurant Association went to court over this. The latest in this on going battle with the loons.
The U.S. Court of Appeals for the Ninth Circuit tossed a Berkeley, California, ban on gas stoves on Monday, saying that the federal Energy Policy and Conservation Act preempted state and local authorities in regulating natural gas.The Courthouse News Service reported:
The three-judge panel’s ruling reverses a federal judge’s dismissal of a lawsuit by the California Restaurant Association claiming the Energy Policy and Conservation Act preempts the San Francisco Bay Area city’s ban. The group said the ordinance would affect chefs’ ability to prepare food the way they are typically trained — using natural gas stoves.…
U.S. Circuit Judge Patrick Bumatay wrote:] “States and localities can’t skirt the text of broad preemption provisions by doing indirectly what Congress says they can’t do directly. Berkeley can’t evade preemption by merely moving up one step in the energy chain and banning natural gas piping within those buildings.” Edited.