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ATS Submits Amicus Brief in Support of the City of Berkeley, CA
This week, the ATS joined other medical groups and environmental organization in an amicus brief urging the Ninth Circuit Federal Court of Appeals to reconsider its ruling to block environmental and medical organizations and filed an amicus brief in support of the City of Berkeley. Supporters of the ordinance believe that the court’s ruling was overly broad and vaguely applied a statute governing appliance compliance.

In 2020, the city adopted a local ban on new commercial and residential natural gas hookups. The California Restaurant Association (CRA) sued in court, challenging the ban. The Ninth Circuit Federal Appeals Court overturned the city’s ordinance, stating federal regulation pre-empted local bans on natural gas devices. The city is now attempting an appeal by which all federal judges in the Ninth Circuit would collectively review the case.

In its amicus brief, the ATS notes that natural gas appliances are a significant source of indoor and outdoor air pollution and further emit greenhouse gas emissions. The ATS urges the court to reconsider its position and allow local governments to use their authority to improve indoor and outdoor air quality and respond to climate change.
Last Reviewed: September 2023