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Randall Rich

This author Randall Rich has created 2 entries.

Federal Law Preempts Berkeley’s Natural Gas Pipeline Ban

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Whether you are a James Beard Award-winning chef or a self-taught home cook dreaming of that shiny new gas stove, you can rest somewhat easier.  The U.S. Court of Appeals for the Ninth Circuit has ruled that the federal Energy Policy and Conservation Act (ECPA), 42 U.S.C. § 6297(c) preempts the City of Berkeley, California’s 2019 regulation prohibiting the installation of natural gas piping in new buildings.

On April 17, 2023, the court of appeals issued an opinion in California Restaurant Association v. City of Berkeley, No. 21-16278, reversing a lower court decision and finding that ECPA “expressly preempts state and local regulations concerning the energy use of many natural gas appliances, including those used in household and restaurant kitchens.” Berkeley’s ordinance, similar to those proposed elsewhere, did not ban gas appliances.

Instead, the city prohibited installation of natural gas piping extending from the local distribution company’s facilities into new buildings, making the use of gas appliances in such buildings impossible. Prohibition

FERC has Options if Court of Appeals Seeks to Shut Down an Operating Interstate Pipeline

Can an interstate natural gas pipeline continue to operate if a court vacates its certificate authorizations?

On January 31, 2018, in Sierra Club v. FERC, No. 16-1329 (D.C. Cir.), the United States Court of Appeals for the District of Columbia Circuit denied rehearing  and rehearing  en banc (before the full court) of petitions for rehearing filed by the Federal Energy Regulatory Commission (“FERC”) and jointly by Duke Energy Florida, Florida Power & Light, Florida Southeast Connection, Sabal Trail Transmission, and Transcontinental Gas Pipe Line (the “Supporting Intervenors”).  The court’s orders raise the possibility that the court will issue its mandate and vacate FERC’s orders granting certificates of public convenience and necessity authorizing the construction and operation of the Florida Southeast Connection pipelines, which are currently transporting natural gas to power plants in Florida. If the court issues the mandate, FERC and the pipeline operators will be faced with whether, and if so how, the pipelines can continue