Federal Court Overturns Nation’s First Natural Gas Ban

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Natural gas is the cleanest source of energy, further proof the climate lunatics are full of it. They hate humanity.

Federal Court Overturns Nation’s First Natural Gas Ban

By: Efthymis Oraiopoulos, The Epoch Times, April 18, 2023:

A Ninth Circuit court on Monday went against a Berkeley ordinance that banned natural gas piping in new buildings inside the city.

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A district court had dismissed an action from the California Restaurant Association, a dismissal that is now reversed by the Ninth Circuit court, according to its published opinion on the case (pdf).

The California Restaurant Association alleged that the Energy Policy and Conservation Act preempts the city of Berkeley’s regulation, which banned natural gas piping in new buildings.

The Act expressly preempts State and local regulations on the energy use of natural gas appliances used in household and restaurant kitchens, according to the Ninth Circuit judges’ opinion on Monday.

“Instead of directly banning those appliances in new buildings, Berkeley took a more circuitous route to the same result and enacted a building code that prohibits natural gas piping into those buildings, rendering the gas appliances useless,” according to Judge Patrick Bumatay.

“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.”

Judge Miller Baker, concurring, wrote that the Berkeley ordinance “cut to the heart of what Congress sought to prevent,” which is state and local manipulation of building codes for the purpose of regulating natural gas consumption.

The third concurring opinion was by Judge Diarmuid O’Scannlain, a Reagan appointee.

According to Judge Bumatay, a Trump appointee, the California Restaurants Association demonstrated that some of its members, which include restaurateurs and chefs, would open or relocate a restaurant in Berkeley if the city’s ban on natural gas piping was not in place. Therefore the Berkeley ordinance harmed at least one of the association’s members.

The restaurant association’s president and CEO Jot Condie applauded the reversal, the Courthouse News Service reported.

“The Ninth Circuit has unanimously affirmed the central issue in this case: local ordinances cannot override federal law,” Condie said.

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Zeus
Zeus
11 months ago

They hate free people. They hate free will. They hate people who have free will. They hate people who want to live free. They hate the idea of people controlling government. They hate the idea of government serving people instead of ruling over them. They love to rule over a population of slaves. They believe they are so superior that their place on this earth is to rule over the inferior. They are like Pharaoh. They are like Kings. They are like Mohammed. They force their will on everyone, and they torture and murder anyone who refuses to bow to them. They would like to genetically remove our free will so we are always slaves. They are definitely that evil and that insane. If we bow to them now, we will always be slaves.

Petroleum and natural gas and coal can be tools of prosperity or shackles.
Currency can be a tool of prosperity or shackles.
Government can be a tool of prosperity or shackles.
They control them all and use them all as shackles.

Stephen Honig
Stephen Honig
11 months ago
Reply to  Zeus

Communist only love communist! Evil will always be alive and well on Earth. IF we don’t have divine intervention than we are through as a great nation.

Zeus
Zeus
11 months ago
Reply to  Stephen Honig

At some point we have to pick up a sword ourselves instead of waiting for God to fix everything.

We would already be dead if not for intervention….and I mentioned that in late 2016 or early 2017. More is to come, and we will pick up a sword.

Communism is a new word (created in the mid or late 1800s) to describe an old form or rule. The old form of rule is rule by bloodlines. Some examples are Pharaoh, kings and queens, emperors, dictators and even presidents (think Saddam or Xi). The new word makes us think we’re up against a new enemy instead of the old one.

From a Remote Location
From a Remote Location
11 months ago

Gas, oil, coal and even nuclear power are manly, macho, masculine, muscular, alpha-male, he-man, virile, erect, red-blooded, bold-colored, strong and assertive, and perform well in the bedroom especially in the months when they’re needed the most.

Solar, wind, electric vehicles and other “green” “solutions” are all, without exception, sissy, limp-wristed, effeminate, girly, pansy, hugely feminized, weak, puny, scrawny, flaccid, limp, anemic, pale pastels, impotent to the point of sterility (worse than the worst E.D. case), unable to get it on when it really counts, and never able to satisfy their partner in bed no matter what they do and how hard they try.

Notice that there are two major groups pushing these pansy “green” energy schemes: Women and LGBTQ’s. And both HATE anything oozing masculinity. It is of the SAME PIECE as the drive to spread transgenderism which, to feminists in particular, are all about wiping out “toxic masculinity.” Besides their underlying hatred of humanity itself.

Robert
Robert
11 months ago

New York City has the equivalent called local law 97 which limits carbon emissions from buildings in New York City ostensibly to limit carbon emissions which they allege contribute to global warming. The first reduction comes in 2024, which most buildings will meet, but as of 2030, buildings that use gas or oil for heat will not be able to meet the limits of the law, and will incur a hefty fine. If further reductions are not met, the fines can go up to several hundred thousand dollars. By such means they want the buildings to convert to expensive heat pumps (which are marginally better from a carbon footprint perspective than a gas fired boiler) and have high initial costs. The other alternative is to set the thermostat to 55 as they do in England.

I hope that a large NYC landlord or landlord association fights the City on this to get LL97 declared unconstitutional. Now there is circuit court precedent for such action.

Vee
Vee
11 months ago

It’s not easy to understand the way of the world, until you understand the truth of sin and deaths involvment.
Fossil fuels are not fossil fuels.
The wobble of the planet will become greater whilst it’s becoming more and more unbalanced.
The earth is finely tuned into it’s position in relation to the solar system any variations from that position, even slight variations bring unpredictable weather.
The final days of mankind are preceded by all sorts of evil activities, just like we’re seeing now.

Roger GrantD
Roger Grant
11 months ago

This was too woke even for the Ninth Circuit. Unanimous vote.

Tom
Tom
11 months ago

I have banned all leftists.

Grendel
Grendel
11 months ago

“The Ninth Circuit has unanimously affirmed the central issue in this case: local ordinances cannot override federal law,” Condie said.”

Just remember …… the same could be said for the Constitution …….. federal, State, local, “laws” DO NOT OVERRIDE THE CONSTITUTION (including the Bill of Rights)

All ‘gun legislation’ violates the Constitution ……… cannot ban gas stoves ……. CANNOT BAN INCANDESCENT LIGHT BULBS …….. and most of what ‘government’ bodies are doing ……. READ THE CONSTITUTION.

MICHAEL A CROGNALE
MICHAEL A CROGNALE
11 months ago

No worries. They will just deny building permits for any new construction unless it’s electric.

BillD
Bill
11 months ago

This Berkeley thing is as bad (weird) as an Oregon proposal not long ago that prohibited animal slaughter for food unless the animal was about to die from old age……Told you it was weird. But vegans are like that.

Robert L. Kahlcke
Robert L. Kahlcke
11 months ago

The Democrat Communist Criminal Terrorist Organization, believes they can take control of American Citizens. THAT’S NOT GOING TO HAPPEN.

GWS
GWS
11 months ago

After twenty years of studying this subject, I agree, it’s summed up nicely in these short video statements. Thought you might like it.

https://expose-news.com/2023/04/19/the-world-has-woken-up-to-climate-scam/

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