Concerned by methane’s potent climate-altering emissions, a growing number of states and municipalities have embraced the phaseout of natural gas as a tool to mitigate climate change. But in April 2023, the California Restaurant Association successfully petitioned the U.S. Court of Appeals for the Ninth Circuit to overturn the city of Berkeley’s ban on natural gas infrastructure in new buildings. The three-judge panel found the ban preempted by the federal Energy Policy and Conservation Act, and in January 2024, the Ninth Circuit denied Berkeley’s petition for rehearing. Armed with a successful legal claim, industry is primed to challenge other state and local gas prohibitions. This Article weighs the panel’s reasoning in light of the U.S. Supreme Court’s text-based jurisprudence and argues the decision may prove to be a flash in the pan.