California's Gas Stove Ban Has Officially Been Overturned

A federal appeals court has overturned Berkeley, California's ban on natural gas appliances, including stoves, ovens, and furnaces, in new buildings. The Ninth U.S. Court of Appeals ruled that the natural gas ban violated the Energy Policy and Conservation Act of 1975, arguing that only the federal government has authority to set energy-efficiency standards for building appliances, the Associated Press reports.

The court's overturning of the ordinance, which went into effect in 2020, was met with criticism by environmental groups. "As we face a climate and air quality crisis from coast to coast, it is vital that cities and states maintain all legal pathways to protect public health, cut climate emissions, and increase safety by addressing pollution from buildings," senior attorney Matt Vespa of environmental group Earthjustice, said to the Associated Press.

Studies have shown that natural gas is a contributor to greenhouse gas emissions. Research has also shown that gas stoves exude benzene, a cancer-causing chemical, along with 2.6 million tons of methane annually. While environmental advocates criticize the judges' decision, the restaurant industry lauded the ruling. Jot Condie, president of the California Restaurant Association, said to the Associated Press that the ban "was an overreaching measure beyond the scope of any city."

The California Restaurant Association filed a lawsuit in 2019 against the city of Berkeley as soon as the ordinance was passed, arguing that natural gas appliances were critical for the operations of businesses and restaurants. The case was dismissed by a district court in 2021.

In 2019, Berkeley became the first city in the country to adopt an ordinance prohibiting natural gas appliances in new buildings in an effort to reduce fossil fuel consumption and address climate change. Soon after, other cities and states began to pass similar bans on natural gas appliances: San Francisco in 2020; New York City in 2021; and Washington, D.C. in 2022. However, other states, including Texas, Arizona, and Florida began to pass "preemptive laws" to prohibit local governments from enacting natural gas bans.

It's unclear whether the court's ruling will hinder other efforts to ban natural gas appliances throughout the country. According to USA Today, the federal appeals court's ruling allowed natural gas bans that are in accordance with building energy codes. On a national scale, the Biden administration has stated that it is not planning to enact or support a nationwide prohibition on natural gas appliances. 

Meanwhile, the Department of Energy has proposed new regulations on gas stoves, setting new energy consumption standards for the appliance. According to E&E News, half of gas stove models currently sold would not comply with the proposed regulations.