Vice President Harris is facing criticism after sharing a photo posing next to a gas stove, despite the Biden administration’s proposal earlier this year to limit its use. The controversy arises as a federal appeals court rejected a petition from the City of Berkeley, California, to rehear a case related to a natural gas ban proposed by the city. The court ruled last year that the ban was illegal under federal statute.
The U.S. Court of Appeals for the Ninth Circuit denied Berkeley’s petition for rehearing en banc, as it failed to receive majority support from the court’s non-recused active judges. This decision was supported by the Biden administration, Democratic-led states, and environmentalists. The court’s ruling ensures consumer choice and allows residents of Berkeley to continue using natural gas for home and water heating.
Berkeley had initially passed the ban in July 2019, making it the first city in the nation to do so. The ban was part of the city’s effort to take drastic action on climate change and reduce greenhouse gas emissions. However, the California Restaurant Association (CRA) filed a federal lawsuit challenging the city’s authority to pass such a law. After a lower court ruled in favor of Berkeley, the CRA appealed, leading to the Ninth Circuit’s ruling in April.
The Ninth Circuit determined that Berkeley’s law violated the federal Energy Policy and Conservation Act (EPCA) of 1975, which prohibits local regulations from impacting the energy use of natural gas appliances. The court concluded that Berkeley’s ban on natural gas piping into new buildings rendered gas appliances useless, bypassing the preemption established by the EPCA.
The case has garnered attention from industry groups, including the American Gas Association and the Air-Conditioning, Heating, and Refrigeration Institute (AHRI), which argued that Berkeley’s law was illegal. On the other hand, environmental groups and other jurisdictions, such as the National League of Cities and New York City, supported Berkeley’s ordinance.
The controversy surrounding Vice President Harris’ gas stove photo adds further scrutiny to the Biden administration’s proposal to limit the use of natural gas. Critics argue that the photo undermines the administration’s stance on climate change and raises questions about the feasibility of implementing such restrictions.
As the debate continues, industry groups like AHRI and the American Gas Association are pleased with the court’s decision, as it ensures consumer choice and protects the interests of their member companies. Meanwhile, supporters of Berkeley’s ban express disappointment and emphasize the importance of taking action against climate change.
The outcome of this case and the ongoing discussions surrounding natural gas usage highlight the complexities and challenges of implementing environmentally friendly policies while balancing consumer needs and industry interests.
