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California Restaurant Ass'n v. Berkeley, City of

ELR Citation: 51 ELR 20132
Nos. 4:19-cv-07668-YGR, (N.D. Cal., 07/06/2021) (Rogers, J.)

A district court granted in part and denied in part the city of Berkeley's motion to dismiss a challenge to its recently enacted ordinance affecting the availability of natural gas in new construction within the city. A restaurant group argued the ordinance was federally preempted by the Energy Policy and Conservation Act (EPCA), and preempted by California law as a void and unenforceable exercise of police power and as conflicting with the state building and energy codes. Berkeley moved to dismiss for lack of standing and ripeness, and asserted the ordinance was preempted by neither the EPCA nor state laws. The court found that the group demonstrated standing and that its facial challenge of the ordinance was ripe, but that it failed to demonstrate that the express terms of the EPCA swept so broadly as to implicate the ordinance. It therefore granted in part and denied in part Berkeley's motion to dismiss.