In a recent development, the Biden administration has taken a concerning step by filing a motion to reinstate the ban on natural gas hookups in new buildings in Berkeley, California. This move highlights the administration’s disregard for local decision-making and their relentless pursuit of an extreme environmental agenda.
The Department of Justice (DOJ) argues that the Energy Policy and Conservation Act (EPCA) of 1975 does not prohibit local officials from addressing health and safety concerns. However, the court had previously ruled that Berkeley’s law, which bans gas pipes in new construction, violated the EPCA.
While the DOJ contends that the ordinance indirectly affects product usage, it fails to provide a convincing argument for preemption or address why other health and safety ordinances would not face similar challenges.
In April, the appeals court unanimously ruled that Berkeley’s law had the same effect as preempting federal home appliance regulations. Judge Patrick Bumatay stated that the ban on natural gas piping was merely a clever tactic to achieve the same outcome of banning natural gas appliances in new buildings.
It is important to recognize that the ban in Berkeley was driven by climate change concerns. However, such measures infringe on the individual freedoms and choices of homeowners and businesses. They impose unnecessary burdens and restrict the ability to choose energy sources that best suit their needs.
This case has sparked a battle between those who value individual freedom and local governance, and those who prioritize centralized control and an extreme environmental agenda. Industry groups, including the American Gas Association and the Air Conditioning, Heating, and Refrigeration Institute, have supported the California Restaurant Association in challenging the ban. Conversely, environmental groups and other jurisdictions, such as the National League of Cities, have supported Berkeley’s ordinance.
The outcome of this case holds significant implications beyond Berkeley. It will determine the extent of federal overreach and the ability of local communities to make decisions that align with their unique circumstances and priorities.
As Republicans, it is crucial for us to oppose these intrusive federal actions and uphold the rights of local communities. We must resist the Biden administration’s assault on American energy and advocate for a sensible approach that respects individual freedoms and local decision-making. Let us stand united in defending our principles of freedom, liberty, and common-sense governance.
Source Fox News
