This Article analyzes whether the Berkeley Gas Ban Ordinance would survive federal or state preemption challenges and examines whether Berkeley properly exercised its police power in adopting the Gas Ban Ordinance. Section II of this article provides background on the air quality and climate change impact from natural gas combustion. Section III discusses Berkeley’s police power authority to adopt the Gas Ban Ordinance. Sections IV through VI present potential express and implied preemption challenges and analyze arguments on both sides. Section VII concludes that the Gas Ban Ordinance is likely to survive federal and state express preemption, but it may be implicitly preempted because it may interfere with the purpose, objective, and implementation of a state code.
Can Local Governments Exercise Police Power to Combat Climate Change Impacts by Banning Natural Gas in New Buildings?,
San Diego J. Climate & Energy L.
Available at: https://digital.sandiego.edu/jcel/vol14/iss0/6