Fanning the Flames: Second Circuit Splits With Ninth Circuit on Federal Preemption of Natural Gas Restrictions

For years, the fight over state and local natural gas bans played out largely through a patchwork of local regulations and district court cases, with one notable exception: the Ninth Circuit’s 2024 decision in California Restaurant Association v. City of Berkeley (CRA). This summer, it reached a second courts of appeals—the Second Circuit—producing a circuit split. Since 2024, CRA had been the sole appellate word on the issue, holding that the federal Energy Policy and Conservation Act (EPCA)... By: K&L Gates LLP