News & Analysis as of

Preemption Energy Policy and Conservation Act (EPCA)

K&L Gates LLP

Natural Gas Bans: From New York to Washington, Courts Shift the Landscape on Legality of State and Local Gas Bans

K&L Gates LLP on

Following the election wins we reported on in November 2024, state and local bans on the use of natural gas remain a highly litigated issue across the country. In this alert, we cover two recent cases dealing with local and...more

Cozen O'Connor

Fuel Efficiency Rule Recharged by Democratic AG Support

Cozen O'Connor on

A group of 15 Democratic AGs filed an amicus brief with the U.S. Court of Appeals for the Sixth Circuit in support of the National Highway Traffic Safety Administration (NHTSA) and its defense of its final rule setting...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Energy Policy and Conservation Act/Berkeley, California, Building Code: Federal Appellate Court Confirms Preemption in Rehearing...

The United States Court of Appeals Ninth Circuit (“Ninth Circuit”) addressed in a January 2nd Order and Amended Opinion (“Order”) a challenge to a Berkeley, California, building code provision that prohibited the installation...more

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: The Wiretap Act and the Energy Policy and Conservation Act

This week, the Court addresses the Wiretap Act and whether the Energy Policy and Conservation Act preempts Berkeley’s natural-gas-infrastructure ban. ...more

Goldberg Segalla

New Ninth Circuit Ruling: City of Berkeley’s Gas Ban Preempted by U.S. Energy Policy & Conservation Act

Goldberg Segalla on

On Monday, April 18, the Ninth Circuit Court of Appeals issued a ruling in California Restaurant Association v. City of Berkeley, overturning a lower federal district court’s ruling to revoke the City of Berkeley,...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Energy Policy and Conservation Act/Berkeley, California, Building Code: Federal Appellate Court Addresses Preemption Issue

The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) addressed in an April 17th Opinion a challenge to a Berkeley, California, building code provision that prohibited the installation of natural gas...more

Akin Gump Strauss Hauer & Feld LLP

Ninth Circuit Reverses City of Berkeley Ban on New Natural Gas Hookups in Buildings

On Monday, April 17, 2023, the United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) decided California Restaurant Association v. City of Berkeley, which ruled that the Energy Policy and Conservation Act...more

Jones Day

States and Industry Groups Challenge California's Regulation of Vehicular Greenhouse Gas Emissions

Jones Day on

Ohio et al. v. EPA, No. 22-1081, currently being briefed in the U.S. Court of Appeals for the D.C. Circuit, presents significant issues about the scope of federal and state sovereignty, the resolution of which could have...more

Jones Day

Challenges to Safer Affordable Fuel-Efficient Vehicles Rule Keep Coming

Jones Day on

On June 26 and 29, 2020, the petitioners in Union of Concerned Scientists v. NHTSA, Case No. 19-1230 (D.C. Cir.), filed briefs with the U.S. Court of Appeals for the District of Columbia Circuit, arguing against the first...more

Foley Hoag LLP - Environmental Law

The Trump Administration Couldn't Spell Irony If You Spotted It the I, R, O, and N.

Yesterday, EPA and the National Highway Traffic Safety Administration released the “Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule Part One: One National Program,” more succinctly known as the withdrawal of the...more

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