Category Archives: Energy Efficiency

EPCA Preemption: What are its limits and How May it Harmonize with the Direct Regulation of Emissions from Appliances

This is Blog #4 on this this topic that will look at two issues.  First, where is the line between what is preempted and what is not under the Energy Policy and Conservation Act (EPCA)? This will look at rules … Continue reading

Posted in Air Pollution, All-electric, APCD, Building Peformance Standard, Energy, Energy Efficiency, EPCA, GHGs, Greenhouse Gas, Litigation, Nitrous Oxides, Ozone, Reach Codes | Tagged , , , , , | Leave a comment

Blog # 3 on EPCA Litigation: What can the Limited Case Law Tells Us About Interpreting the EPCA?

This blog will continue the discussion on the EPCA specific to two past, unpublished EPCA cases that predate the litigation against the City of Berkeley. The first is a building performance regulation that applied to both existing and new construction … Continue reading

Posted in All-electric, Building Peformance Standard, climate planning, Energy, Energy Efficiency, EPCA, Federal Preemption, GHG targets, GHGs, Litigation, Reach Codes | Tagged , , , , , , , , , | 1 Comment

Blog #1 on Energy Policy Conservation Act (“EPCA”) Preemption Lawsuit filed Against State of Colorado and City of Denver

On April 22, 2024, the Colorado Apartment Association, Apartment Association of Metro Denver, Colorado and Lodging Association, Inc., and NAIOP Colorado Chapter filed a complaint in federal district court against the State of Colorado and City of Denver challenging building … Continue reading

Posted in Air Pollution, All-electric, Energy, Energy Efficiency, EPCA, Federal Preemption, GHGs, Greenhouse Gas, Legislation, Litigation, Reach Codes | Tagged , , , , , , , | 3 Comments

City of Berkeley Files Petition for Rehearing in CRA v. City of Berkeley 9th Circuit Case Regarding Authority to Ban Natural Gas Plumbing in New Construction

As the previous post discussed here, the City of Berkeley was granted until 5/31/23 to file a petition for rehearing en banc to the full 9th Circuit. Yesterday, the City of Berkeley filed its Petition for Rehearing En Banc. This … Continue reading

Posted in All-electric, climate planning, Energy, Energy Efficiency, EPCA, Federal Preemption, GHG targets, GHGs, Greenhouse Gas, Litigation, Reach Codes | Tagged , , , , , , , , | Leave a comment

Implications of CRA v. Berkeley on All-Electric Building Codes and Reach Codes in California

On April 17, 2023, a three judge panel for the Ninth Circuit issued an Opinion in California Restaurant Association v. City of Berkeley finding that the Energy Policy and Conservation Act (EPCA) preempts a City of Berkeley’s ordinance that prohibits … Continue reading

Posted in Air Pollution, All-electric, climate planning, Energy, Energy Efficiency, EPCA, Federal Preemption, GHG targets, GHGs, Greenhouse Gas, Reach Codes | Tagged , , , , , , , , , , | 3 Comments

Legislative Update: Chaptered and Vetoed Bills

With the October 10th deadline passing for the Governor to act on bills approved by the Legislature, the following represents the conclusion of tracked bills. There is still an option for the Legislature to override a veto and the vetoed … Continue reading

Posted in Air Pollution, CEQA, climate planning, CPUC, Energy, Energy Efficiency, GHGs, Greenhouse Gas, Legislation, Renewable Energy, Transportation, Vehicle Miles Traveled, VMT, Water | Tagged , , , , , , , | Leave a comment

Legislative Update: Passed Bills Enrolled to the Governor for the 2021 Session

The deadline to pass bills occurred on September 10, 2021 for the current 2021 session. The Governor has until October 10th, 2021 to sign or veto these bills. You can link to our Legislative Database to view relevant bills from … Continue reading

Posted in Air Pollution, CEQA, climate planning, CPUC, Energy, Energy Efficiency, GHGs, Greenhouse Gas, Legislation, Renewable Energy, Transportation, Water | Tagged , , , , , , , , | Leave a comment

The Rise of Reach Codes

Last week, the California Energy Commission (CEC) adopted energy efficiency standards to be included in the 2022 state building standards (Title 24, Part 6). The new energy code will further increase building energy efficiency and reduce emissions from California buildings … Continue reading

Posted in climate planning, Energy, Energy Efficiency, GHGs, Renewable Energy, Uncategorized | Tagged , , , , , , , | Leave a comment

2019 Introduced Bill Update

With the deadline for the Legislature to introduce bills passing last Friday, we are currently tracking approximately 210 energy, climate, and other related bills for this session.  This session marks a higher volume of introduced bills than previous sessions with … Continue reading

Posted in CEQA, Energy, Energy Efficiency, Greenhouse Gas, Legislation, Renewable Energy, Uncategorized | Tagged , , , , , , , , , , , , , , | Leave a comment

2018 Chaptered Bill Update

On September 30th, Governor Brown signed or vetoed all enrolled bills passed by the legislature.  This completed the 2018 legislative session fulfilling one of Governor Brown’s last major duties before leaving office.  The 2017-2018 two year legislative session saw the … Continue reading

Posted in CEQA, Energy, Energy Efficiency, Greenhouse Gas, Legislation, PACE, Renewable Energy, Transportation | Tagged , , , , , , , , , , , , , , , , , , , , | 1 Comment