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Appeals court delivers fatal blow to California city pushing natural gas ban
msn.com ^ | January 2, 2024 | Thomas Catenacci

Posted on 01/02/2024 10:28:15 PM PST by KingofZion

A federal appeals court rejected a petition Tuesday to rehear a case related to a natural gas ban proposed by the City of Berkeley, California, which the panel ruled was illegal last year.

The U.S. Court of Appeals for the Ninth Circuit ultimately denied Berkeley's petition for rehearing en banc — a motion that received support from the Biden administration, Democratic-led states and environmentalists — after it failed to receive majority support from the court's non-recused active judges. Berkeley filed the motion last year after the court in April that a Berkeley law banning natural gas pipes in new construction violated federal statute.

In July 2019, Berkeley's city council passed the ban which was set to go into effect in January 2020, making the city the first in the nation to approve such a measure. Berkeley Councilwoman Kate Harrison, who authored the legislation, said at the time that it was part of the city's effort to take "more drastic action" on climate change and curb greenhouse gas emissions.

However, months after it was approved, the California Restaurant Association (CRA) filed a federal lawsuit challenging the city's ability to pass a law banning new natural gas hookups. After a lower court ruled in favor of Berkeley in July 2021, the CRA filed an appeal, leading to the Ninth Circuit ruling in April.

(Excerpt) Read more at msn.com ...


TOPICS: Government; News/Current Events; US: California
KEYWORDS: ban; berkeley; california; energy; green; stove
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Unusual common sense from the 9th Circuit. I don't expect SCOTUS will be interested...
1 posted on 01/02/2024 10:28:15 PM PST by KingofZion
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To: KingofZion
Instead of directly banning those appliances in new buildings, Berkeley took a more circuitous route to the same result," Judge Patrick Bumatay wrote in the opinion of the court. "It enacted a building code that prohibits natural gas piping into those buildings, rendering the gas appliances useless.

Bumatay was appointed by Trump.

2 posted on 01/02/2024 10:48:21 PM PST by lasereye
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To: KingofZion

The environmental wackos won’t stop they will now move to Plan B, you can have gas but the cost will be enormous thru additional taxes and regulations that make the cost of new construction so high no one can afford it


3 posted on 01/02/2024 10:50:24 PM PST by srmanuel
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To: KingofZion

The ban was causing political problems for Democrats in the upcoming election. If the Democrats win, it will be back, but at the FEDERAL level, and the judges will not have any option other to rubber-stamp it.


4 posted on 01/02/2024 11:12:17 PM PST by BobL (Trump gets my vote, even if I have to write him in; Millions of others will do the same)
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To: KingofZion

Wtf are these nutty libs doing? Its like they’re testing the high courts to see what they can get a way with. Like a mystery shopper going into a biz to see how tf the place is run and if its owning up to its standards of acceptable procedure. They letting in masses of illegals with no conscience of the consequences to the point that their own lib states are complaining about it. Making legal case after case of McDonalds-coffee-burn equivalent court hearings...frivolously wasting the taxpayers money...to do what...just see what they can get away with?? This country is going to hell.....and the libs are just trying to see what its going to take for their end game strategy to slam dunk the place in one massive play down the road. The 2024 election is going to be riggd bigger than SHT....or they’re going to ‘suicide’ trump like they did Epstein. Rant /off


5 posted on 01/02/2024 11:29:15 PM PST by know.your.why (<>)
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To: KingofZion

bttt


6 posted on 01/02/2024 11:33:19 PM PST by Pajamajan (Pray for our nation. Never be slave in a new Socialist America.pz)
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To: KingofZion

Earth provides natural gas for some of the 8 billion
people living on it.

A few idiots just don’t care.

2024 has an early WIN!


7 posted on 01/02/2024 11:51:10 PM PST by period end of story (Unvaxxed for my protection.)
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To: KingofZion

Especially amusing since the State of California has decreed that natural gas is a zero emissions energy source and as such is ‘okay’ to use. Mostly because if they didn’t, their own laws would make them unable to buy power from out of state and force them to close down their current base load generation stations.


8 posted on 01/02/2024 11:58:09 PM PST by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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To: know.your.why

Basically, liberals get a charge out of rhetoric. They rely on the courts or Republicans to pull them back from the edge. It makes them virtuous, but they can also lay blame on others when they don’t get what they claim they want.

At some this strategy will fail badly and we will all pay a price with our lives because of it.


9 posted on 01/03/2024 12:29:12 AM PST by Jonty30 (In a nuclear holocaust, there is always a point in time where the meat is cooked to perfection. )
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To: BobL

RE: Political problems for Dems

GOP should have TV and other ads showing an elderly person saying “I’m cold” and relative saying “The government won’t let us turn the heat up.” Or people sweating and red faced and “The government won’t let us use air conditioning.”

Then push the freedoms we are losing to use a gas stove or a non EV car.


10 posted on 01/03/2024 12:51:46 AM PST by frank ballenger (There's a battle outside and it's raging. It'll soon shake your windows and rattle your walls.)
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To: KingofZion

They can have my gas stove, furnace, and water heater right after they get my gun out of my hands. I’m to old to fight and to old to run that’s why I carry a gun. I got heat on in winter, stove on when I eat, and hot water when I shower and weapon near when I shower. It’s been this way for years. As my string runs out, my ways get set harder. The boys in Texas had the right idea. If you want it. Come and take it.


11 posted on 01/03/2024 12:53:48 AM PST by Equine1952
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To: know.your.why
Wtf are these nutty libs doing?

It’s pretty simple: Since they reject God and religion, in their place they manufacture their own phony “religion” of environmentalism, accompanied by false virtue in the form of various sacrifices they demand. But their version of “religion” is marked by arrogance, self-righteousness, and forcing others to submit to it, while Christianity is marked by humility, denial of self, and a voluntary choice to follow, or not.

Radical environmentalism is a way in which they act out their mental issues, but unfortunately they demand that everyone else participate in their madness.

12 posted on 01/03/2024 1:34:29 AM PST by noiseman (The only thing necessary for the triumph of evil is for good men to do nothing.)
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To: KingofZion

Berkeley should get what it wants. Ban all energy there.


13 posted on 01/03/2024 1:56:13 AM PST by ArcadeQuarters (You can't remove RINOs by voting for them!)
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To: know.your.why

https://www.foxnews.com/politics/left-wing-climate-group-quietly-training-judges-handling-global-warming-cases

Thats why...and how.


14 posted on 01/03/2024 2:05:37 AM PST by Adder (End fascism...defeat all Democrats.)
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To: frank ballenger

“GOP should have TV and other ads showing an elderly person saying “I’m cold” and relative saying “The government won’t let us turn the heat up.” Or people sweating and red faced and “The government won’t let us use air conditioning.””

Agree, that would be a GREAT COMMERCIAL, and the Dems would do the equivalent in New York Minute.


15 posted on 01/03/2024 3:13:30 AM PST by BobL (Trump gets my vote, even if I have to write him in; Millions of others will do the same)
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To: KingofZion

No matter. They will just make it illegal to sell. Try and find an incandescent light bulb.
Instead we are using ionized Lead. I am sure there is nothing about heating Lead into ionizing particles in our homes that Pfizer and Moderna can’t fix.


16 posted on 01/03/2024 3:32:01 AM PST by momincombatboots (BQEphesians 6... who you are really at war with. )
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To: Spktyr

If California would ban use of natural gas & can’t provide electricity to meet the needs (and cost) of energy, then what’s the alternative? Let’s just outlaw liberal thinking in the other states & let California go their own way. There’s no reason why their peculiar binding regulations should affect any other state. It might save some money, too, because some of the federal bureaus could be eliminated. Not a bad thing.


17 posted on 01/03/2024 9:00:01 AM PST by oldtech
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To: KingofZion

SCOTUS will only get involved when another circuit decides differently.

We should thank Berkeley for taking this to the 9th circuit as the ban on the ban now applies to the whole 9th circuit.


18 posted on 01/03/2024 10:59:28 AM PST by Steven Scharf
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To: BobL

The GOP is called the Stupid Party for a reason. Actually, multiple reasons.


19 posted on 01/03/2024 11:06:41 AM PST by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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To: momincombatboots

Ummmm.... what are you talking about? Are you perhaps confusing the element lead (atomic symbol Pb) with the electronic light emitting diode? Because the latter, abbreviated as LED, does not contain lead nor does it use lead to generate light.

If you are referring to those stupid compact fluorescent bulbs, those are emphatically on the way out. Everyone is switching to LEDs or has already moved to them and the CFLs are actually starting to get harder and harder to find in the stores.


20 posted on 01/03/2024 11:12:02 AM PST by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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