What gas' court win means for stove bans nationwide

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Apr 18, 2023 View in browser   By Arianna Skibell Presented by A flame burns on a natural gas stove. | AP Photo/Thomas Kienzle, File The fossil fuel industry scored a major victory this week when a federal appeals court overturned the nation's first natural gas ban for new buildings in Berkeley, Calif. While the story may be far from over — proponents of the ban say they expect the city to appeal — some legal scholars worry the decision could have a chilling effect as states and cities across the country pursue similar bans, writes POLITICO's E&E News reporter David Iaconangelo. “I worry that state and local governments are going to take a broader view of today's decision than is actually warranted,” Amy Turner, a senior fellow at Columbia Law School’s Sabin Center for Climate Change Law, told David. The court ruling comes months after the White House disavowed the idea of trying to enact a national ban on gas-powered stoves — despite Republican accusations to the contrary. So barring states and localities from prohibiting gas hookups could have a major effect on the push to wean buildings off fossil fuels. In 2019, the city of Berkeley banned gas infrastructure in most new building projects. The California Restaurant Association sued the city, contending the ordinance is preempted by federal law. The three judges on the 9th U.S. Circuit Court of Appeals unanimously sided with the restaurant group, saying a ban on gas piping is essentially an unlawful ban on gas appliances such as stoves. Building wars: It’s not yet clear whether the decision will affect the national battle over phasing out natural gas in buildings. Electrification advocates and other analysts argue the decision was so specific to Berkeley’s municipal code that it will have no effect on many gas bans already in place — even in cities within the 9th Circuit's jurisdiction. About 100 cities have enacted some restrictions on fossil fuel use in buildings. In California, 25 cities have followed Berkeley’s gas ban. Big picture: Fossil fuel use in buildings accounts for a sizable chunk of U.S. emissions, and gas bans are among the tools cities use to tackle climate change. Local and state leaders — as well as the Biden administration — have also begun to point to the public health impacts of fossil fuel heating and cooking equipment, including on illnesses such as childhood asthma. The Energy Department recently proposed new regulations on gas stoves that would disqualify about half of the models sold in the United States today. And the Consumer Product Safety Commission voted in favor of collecting public input on hazards associated with gas stoves, in support of possible new regulations. Both steps fall short of a ban, however.   It's Tuesday — thank you for tuning in to POLITICO's Power Switch. I'm your host, Arianna Skibell. Power Switch is brought to you by the journalists behind E&E News and POLITICO Energy. Send your tips, comments, questions to askibell@eenews.net.   A message from NRECA: America’s Electric Cooperatives are powering stronger communities, returning more than $1.4 billion to their consumers in 2021. Motivated by people, not profits, co-ops invest in stronger communities and drive toward new possibilities. Learn how electric co-ops are #PoweringTomorrow.   Listen to today’s POLITICO Energy podcast Today in POLITICO Energy’s podcast: Tanya Snyder breaks down why only 14 electric vehicle models qualify for the $7,500 tax credit enacted through the Inflation Reduction Act. electric future Electric cars are parked at a charging station in Sacramento, Calif., on April 13, 2022. | Rich Pedroncelli/AP Photo President Joe Biden’s recent actions to dramatically boost the sale of EVs rely on a set of predictions that the price and supply of minerals needed to make EV batteries will soon stabilize, writes Hannah Northey. But some analysts say that’s not a sure bet. “No one … has any idea whether that's correct or not,” said Morgan Bazilian, a former World Bank energy specialist who teaches public policy at the Colorado School of Mines.   A message from NRECA:   Power Centers West Virginia Gov. Jim Justice delivering his annual State of the State address at the Capitol in Charleston, W.Va., in January. | Chris Jackson/AP Photo Coal or more coal? West Virginia voters may swap one coal boss for an even bigger one, writes Scott Waldman. GOP Gov. Jim Justice is expected to make a decision about challenging Democrat Joe Manchin for his Senate seat in the coming weeks, a move that would pit two politicians with deep connections to the coal industry against each other. People to watch New House Natural Resources Chair Bruce Westerman (R-Ark.) quickly made his mark on energy policy by helping shepherd through the GOP's massive energy package, writes Kelsey Brugger. He’s now serving as a broker on the legislative white whale this Congress: an energy permitting overhaul deal. Europe's climate law The European Parliament gave its final approval to key pieces of legislation that form the backbone of the EU's flagship climate policy package, writes Federica Di Sario. The green light puts the sprawling bill one step closer to becoming law. In Other News Florida without fuel: South Florida drivers' frustrations mount amid fuel distribution problems following last week's flooding. Ties to China: House Ways and Means Chair Jason Smith (R-Mo.) sent a letter to Ford Motor Co.'s CEO this week slamming the automaker for its ties to a Chinese EV battery manufacturer.   GO INSIDE THE 2023 MILKEN INSTITUTE GLOBAL CONFERENCE: POLITICO is proud to partner with the Milken Institute to produce a special edition "Global Insider" newsletter featuring exclusive coverage, insider nuggets and unparalleled insights from the 2023 Global Conference, which will convene leaders in health, finance, politics, philanthropy and entertainment from April 30-May 3. This year’s theme, Advancing a Thriving World, will challenge and inspire attendees to lean into building an optimistic coalition capable of tackling the issues and inequities we collectively face. Don’t miss a thing — subscribe today for a front row seat.     Subscriber Zone A showcase of some of our best subscriber content. Yellow cedars grow in Juneau, Alaska. | Paul Hennon/USDA Forest Service The siren song of carbon offsets is luring officials around the country to open up their states' forests by closing them off — and seeking to swap supposed emissions reductions for cash. Scientists say the federal government has underestimated methane emissions from oil and gas production by an average of 70 percent, or 6.1 million tons, over the past decade. California spent nearly $2.6 billion in cap-and-trade revenues last year, more than half of which went to the state's high-speed rail project. That's it for today, folks! Thanks for reading.   LISTEN TO POLITICO'S ENERGY PODCAST: Check out our daily five-minute brief on the latest energy and environmental politics and policy news. Don't miss out on the must-know stories, candid insights, and analysis from POLITICO's energy team. Listen today.       A message from NRECA: As we innovate to meet tomorrow’s energy needs, the electric cooperative focus on people instead of profits leads to stronger rural communities. Co-ops are committed to providing affordable and reliable electricity with industry-leading customer satisfaction. In fact, electric co-ops dominated the top 2022 customer service ratings by J.D. Power. Nearly 900 local electric cooperatives power 56 percent of the American landscape. From growing suburbs to remote farming communities, electric co-ops serve as engines of economic development for 42 million Americans. As local businesses built by the consumers they serve, electric cooperatives invest $12 billion annually in their communities. Learn how electric co-ops are #PoweringTomorrow.     Follow us on Twitter Arianna Skibell @ariannaskibell   Follow us

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