The Biden administration asked a federal court on Monday to reinstate a Berkeley, California, ordinance that banned gas hookups in new construction after it struck down the regulation in April.
A three-judge panel of the Ninth Circuit unanimously sided in April with the California Restaurant Association (CRA), which sued after Berkeley adopted the ordinance in 2019, ruling that the ban is preempted by the federal Energy Policy and Conservation Act (EPCA).
In a brief filed with the court on Monday, the administration argued the decision was “erroneous” and asked for a rehearing.
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