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Legal Memos
Implications of California Restaurant Association v. City of Berkeley Ninth Circuit Decision
Building Codes

In California Restaurant Association v. City of Berkeley, No. 21-16278, the Ninth Circuit Court of Appeals found Berkeley’s natural gas ban preempted by the federal Energy Policy and Conservation Act (EPCA). This memo summarizes the key findings of the decision, discusses its immediate impact for local governments with similar ordinances, and addresses decarbonization efforts local governments might continue to pursue should the decision remain good law.

Shute, Mihaly & Weinberger, 2023

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