Category Archives: Reach Codes
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
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This blog will continue the discussion on the EPCA specific to two past, unpublished EPCA cases that predate the litigation against the City of Berkeley.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 California, climate planning, Electricity, Energy, EPCA, Federal Preemption, Legislation, Local Energy Codes, Policy, State Energy Codes
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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 California, colorado, denver, Electricity, Energy, Greenhouse Gas, Legislation, Policy
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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
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 All-electric Construction, Building Codes, California, City of Berkeley, climate planning, Electricity, Energy, Federal Preemption, Greenhouse Gas, natural gas ban, Policy
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