Megan H. Berge , Baker Botts LLP, San Francisco, California; Francesca Eick , Baker Botts LLP, Austin, Texas; JoAnna Adkisson , Baker Botts LLP, Washington, D.C.; for Amici Curiae Air Conditioning Heating and Refrigeration Institute; California Building Industry Association, Hearth Patio & Barbecue Association; National Association of Home Builders, and National Association of Manufacturers.
Michael Burger , Jennifer Danis , and Amy E. Turner , Sabin Center for Climate Change Law, New York, New York, for Amici Curiae National League of Cities, League of California Cities, and California State Association of Counties.
Regina J. Hsu , Earthjustice, San Francisco, California; Timothy R. Oberleiton , Earthjustice, Washington, D.C.; for Amici Curiae Climate Health Now and San Francisco Bay Physicians for Social Responsibility.
Kimberly E. Leefatt , Natural Resources Defense Council, Santa Monica, California; Thomas Zimpleman , Natural Resources Defense Council, Washington, D.C.; for Amici Curiae Chef Christopher Galarza and Ched Gerard Kenny II.
Concurrence by Judge Baker.
OPINION
BUMATAY, Circuit Judge.
By completely prohibiting the installation of natural gas piping within newly constructed buildings, the City of Berkeley has waded into a domain preempted by Congress. The Energy Policy and Conservation Act ("EPCA"), 42 U.S.C. § 6297(c), expressly preempts State and local regulations concerning the...
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