Description: Challenge to a City of Berkeley ordinance banning natural gas infrastructure in new buildings.
California Restaurant Association v. City of Berkeley
Filing Date Type File Action Taken Summary 04/03/2020 Response Download Response filed by City of Berkeley to surreply to motion to dismiss. 03/27/2020 Sur-Reply Download Surreply filed by California Restaurant Association on defendant's motion to dismiss on the issue of two new exhibits. 02/24/2020 Reply Download Reply filed in support of motion to dismiss. 02/10/2020 Opposition Download Opposition filed to motion to dismiss. 02/10/2020 Opposition Download Opposition filed by California Restaurant Association to request for judicial notice. 01/13/2020 Motion to Dismiss Download Motion to dismiss filed. Berkeley Moved to Dismiss Restaurant Association’s Challenge to Its Natural Gas Ordinance. The City of Berkeley moved to dismiss a lawsuit challenging the City’s ordinance that instituted a progressive ban on natural gas connections in new buildings. The City argued that there was no subject matter jurisdiction, that the California Restaurant Association lacked standing to bring the suit, that the suit was unripe, and that state law claims were barred by the doctrine of primary jurisdiction. In addition, Berkeley argued that the complaint failed to state a claim that the Energy Policy and Conservation Act preempted the ordinance. Berkeley also contended that the case should be dismissed because state law did not preempt the ordinance and the ordinance did not conflict with state energy efficiency standards. 11/21/2019 Complaint Download Complaint filed. Restaurant Industry Group Challenged Berkeley Ban on Natural Gas Infrastructure in New Buildings. An association representing the restaurant industry in California challenged the City of Berkeley’s ordinance banning natural gas infrastructure in new buildings beginning on January 1, 2020. The plaintiff asserted that both federal law (the Energy Policy and Conservation Act) and state law (the California Building Standards Code and the California Energy Code) preempted the ordinance. The plaintiff alleged that “[w]ith millions of Californians sitting in the dark to avoid wildfires, and California’s energy grid under historic strain, banning the use of natural gas is irresponsible and does little to advance climate goals.”