Federal Court Kills Berkeley’s Ban On New Gas Stoves

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.

And don’t forget that Brandon has one

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11 Responses to “Federal Court Kills Berkeley’s Ban On New Gas Stoves”

  1. Dana says:

    But, but, but, we were told that complaints from evil reich-wing conservatives that the left were coming after our gas stoves was just hysterical poppycock!

    • Genocide Joe the commie says:

      It’s easy to believe stupid crap like that when you only read left wing news and believe every morsel of nonsense they throw at you. Why you could even believe men can menstruate unborn babies aren’t human and CO2 is destroying the planet. Why there’s practically no limit to the stupidity you can buy.

  2. Dana says:

    Our distinguished host wrote:

    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.

    I don’t see why the states or municipalities ought to have such powers either. How we cook our food or hear our homes shouldn’t be any of government’s f(ornicating) business, period.

    • Elwood P. Dowd says:

      Our libertarian extremist friend, Mr Dana, claims “How we cook our food or hea(t) our homes shouldn’t be any of government’s f(ornicating) business…”

      Should there be any zoning regulations? Should I be able to raise and butcher goats in the suburbs?

      Burning methane (natural gas) for heating and cooking in homes DOES contribute to global warming AND DOES lead to health problems. Methane and propane both are oxidized to CO2. The health issues can be reduced by proper ventilation.

      • Dana says:

        Our socialist from St Louis asked:

        Should there be any zoning regulations? Should I be able to raise and butcher goats in the suburbs?

        Raising and butchering goats and chickens and cows on our own property is part of our great American tradition; how do you think most of our ancestors lived?

        Burning methane (natural gas) for heating and cooking in homes DOES contribute to global warming AND DOES lead to health problems. Methane and propane both are oxidized to CO2. The health issues can be reduced by proper ventilation.

        Oddly enough, people exhibited pretty good sense in ventilating their homes for wood burning and later oil and gas burning to heat their homes. We don’t need the government to regulate it.

        If people want to switch to electric heat and cooking and water heating, hey, more power to them; pun most definitely intended! https://www.thepiratescove.us/wp-content/plugins/wp-monalisa/icons/wpml_good.gif If you believe that using fossil fuels contributes to global warming, you do, and should, have every right, under our freedom of speech and of the press, to try to persuade other people to adopt measures that you believe are better for everyone. But the government should not have the power to force other people to go along with your recommendations.

  3. Truth teller says:

    Global warming is a hoax a big scam

    • Genocide Joe the commie says:

      Just another case of Elwood burying his head in the sand and accepting any nonsense leftist theory that comes down the Pike. He really is the most easily suggestible person on the left. And he still refuses to tell me when human life begins because he knows after that point killing a baby would be murder.

      Cooking with gas is not a problem Just because some leftist says it’s a problem. And there is nothing anywhere that gives any level of government the right to regulate what you cook with. Which means locally you can decide to zone whatever you want for your local area. Why is it so hard for the people who scream democracy all the time to understand how the Republic works?

      • Elwood P. Dowd says:

        Geno the Commie refuses to tell us when she believes human life begins.

        Do you call yourself a commie ironically?

        We’re sorry that libertarian/conservatives feel they have license to do whateverthehelltheywant regardless of how it affects others.

        Should there be noise limit laws? Why?

        What if the stench from the offal from my goat butchering wafts into my neighbors nostrils? Can I dump the offal in the local stream? Whatabout the smell from the goat’s urine and manure?

        Should I be able to pour my spent motor oil in the sewer or stream?

        How about backyard target practice with my Remington 12g?

  4. […] Pirates Cove notes a pushback by a federal court […]

  5. Genocide Joe the commie says:

    Geno the Commie refuses to tell us when she believes human life begins.

    Just because you think you’re a big crowd by using “we” don’t make the mistake I’m thinking I’m a “she”.

    Do you call yourself a commie ironically?

    Whaaaa?

    We’re sorry that libertarian/conservatives feel they have license to do whateverthehelltheywant regardless of how it affects others.

    Once again you lie. When did I make that statement?

    All you’re ridiculous should “I be able to” amount to nothing. As I mentioned earlier those things are left to the localities and the people that live in the localities to vote on and agree with. If you don’t like them tough balls. We get to make our own rules in our own areas whether or not Elwood approves of them is of no consequence. If you make stupid rules in your areas that’s up to you if people don’t like it they can move. Why do you think more people move out of California this year than any other place? They don’t like what the idiots have done to the state. And it’s even easier to move out of a neighborhood.

    It seems like you leftists want every community be a gated community and you’re the only people with the keys.

    Sadly, Veronica is not feeling well so we’re not going out to dinner tonight. Catalina has decided to make authentic Colombian food for dinner. That’s nice. I’ll whip up a bucket of grey goose martinis that go with it.

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