DC Update From the US Oil & Gas Association

DC Update From USOGA, Week ended April 21, 2023

A win for natural gas from a surprising source 

When cities started banning natural gas hookups many questioned the legality.  Well, it isn’t, and the best part is that decision comes from the Left’s favorite circuit court, the Ninth Circuit.  

Here’s how the court summarized the opinion:  

“By completely prohibiting the installation of natural gas piping within newly constructed buildings, the City of Berkeley has waded into a domain preempted by Congress. The Energy Policy and Conservation Act ("EPCA"), 42 U.S.C. § 6297(c), expressly preempts State and local regulations concerning the energy use of many natural gas appliances, including those used in household and restaurant kitchens. Instead of directly banning those appliances in new buildings, Berkeley took a more circuitous route to the same result. It enacted a building code that prohibits natural gas piping into those buildings, rendering the gas appliances useless.” 

The surprise being that this comes from the Ninth Circuit which is the favorite circuit court of environmental activists, so it’s surprising to see a common-sense opinion on energy.  

But the decision is also a reminder of why it matters who is President. Of the three judges on the panel, two were nominated by President Trump and one was nominated by President Reagan. Regardless, this is a good precedent that will be referred to around the country where local governments have tried to ban natural gas hookups.

   

Groups unload on the Department of Energy’s attempt to ban natural gas stoves 

As noted above, the federal Energy Policy and Conservation Act (EPCA) pre-empts state and local governments from regulating the energy use of natural gas applications. As part of the Biden administration’s whole-of-government approach to attacking oil and natural gas, the Department of Energy is trying to use EPCA to ban natural gas stoves through increased energy efficiency standards. DOE is proposing energy efficiency regulation so strict that it will essentially ban all gas cooktops that have features such as high-powered burners and continuous cast-iron gates. The comment period for this proposed regulation ended on Monday and attracted many comments from pro-energy-producing organizations.  The Western Energy Alliances’ comment is here, the Institute for Energy Research’s comment is here, the Heritage Foundation’s comment is here, the Competitive Energy Institute’s comment is here, and the American Enterprise Institute’s comment is here.