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DOJ Sues Morgan Hill and Petaluma Over Local Natural Gas Restrictions

The case contends a federal energy law preempts infrastructure rules that function as bans on gas appliances.

Overview

  • The lawsuit, filed Monday in San Francisco federal court, challenges ordinances that restrict gas service in most new buildings in the two cities.
  • The Justice Department cites the Energy Policy and Conservation Act and a prior Ninth Circuit ruling in the Berkeley case to argue cities cannot effectively block gas appliances by banning the necessary fuel lines.
  • Federal lawyers say letting local restrictions stand would create a patchwork of rules that burdens manufacturers and distributors across the country.
  • City attorneys for Morgan Hill and Petaluma say they stopped enforcing their measures after the Berkeley decision and have approved projects with gas infrastructure, noting that dozens of other California cities took a similar approach.
  • Morgan Hill’s mayor criticized the pace and costs of electrification and flagged PG&E reliability concerns, while Petaluma’s mayor called the suit sudden and referred questions to the city attorney.