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NINTH CIRCUIT RULING STANDS; BERKELEY GAS BAN VIOLATED FEDERAL LAW

Written on: January 2, 2024

On Tuesday, January 2, National Propane Gas Association President & CEO Steve Kaminski shared via LinkedIn news regarding the appeal by the City of Berkeley, CA in the landmark decision California Restaurant Association v. Berkeley:

Ninth Circuit Berkeley Ban Stands

The U.S. Court of Appeals for the 9th Circuit has denied a rehearing petition filed by the City of Berkeley, CA in the landmark decision California Restaurant Association v. Berkeley. This denial means that the original 9th Circuit ruling in Berkeley—holding that Berkeley’s gas ban was preempted by and violated federal law—will stand for all of CA, OR, WA, AZ, NV, ID, MT, AK, and HI unless reversed by the United States Supreme Court.