� COURT ’ S DECISION HAS IMPLICATIONS FOR OIL- AND PROPANE-FUELED EQUIPMENT
The U . S . Court of Appeals for the Ninth Circuit denied a petition for rehearing filed by the City of Berkeley in the landmark decision California Restaurant Association v . City of Berkeley , the Association said . The denial signifies that the panel ’ s ruling , which found
Berkeley ’ s natural gas ban to be in violation of federal law , will remain binding for Alaska , Arizona , California , Hawaii , Idaho , Montana , Nevada , Oregon , and Washington , the Association said .
The decision appears to assert the primacy of the federal Energy Policy and Conservation Act ( EPCA ), and could have implications for energy policy in additional states and localities where similar bans have been proposed or are being considered . The Connecticut Energy Marketers Association noted in its newsletter , CEMA Pipeline , “ since EPCA covers oil- and propane-fired furnaces and boilers , this ruling would likely prevent cities and states from outright banning our industry ’ s appliances as well , whether through a direct ban or through a code change .”
In April 2023 , the Ninth Circuit ruled in favor of the CRA , concluding that Berkeley ’ s ban on gas piping concerned the energy use of appliances covered by the EPCA . In denying a rehearing , the Ninth Circuit affirms its opinion that the City of Berkeley cannot bypass federal preemption by banning the infrastructure necessary to service EPCA-covered products , the Restaurant Association said in its statement .
In addition to denying a rehearing , the Ninth Circuit ordered that no future petitions be entertained in the matter . In response to the decision ,
… since EPCA covers oil- and propane-fired furnaces and boilers , this ruling would likely prevent cities and states from outright banning our industry ’ s appliances . — CEMA PIPELINE
the California Restaurant Association President and CEO , Jot Condie said : “ The Ninth Circuit ’ s resolution of this matter allows restaurants to proceed with plans to establish new locations , nurturing job creation within California communities and feeding the vitality [ of ] our economy .”
The California Restaurant Association represents the food service industry , advocating for restaurants on a slate of local , state , and national issues . The CRA was represented by Reichman Jorgensen Lehman & Feldberg LLP ( RJLF ). In response to this final decision by the Ninth Circuit , RJLF partner Sarah O . Jorgensen released the following statement : “ This landmark ruling underscores the preeminence of federal law in energy policy matters , setting a powerful precedent for future cases . It reinforces that
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SEND IT TO FUEL OIL NEWS ! under EPCA , energy policy is a national imperative , demanding unified regulation across the country . State and local governments have regulatory power , but they must comply with federal law .”
� VERMONT REQUIRES FUEL DEALERS TO REGISTER
Businesses that sell fossil-based heating fuel — including oil , propane , natural gas , coal , and kerosene — into or in Vermont , were required to register with the Vermont Public Utility Commission by Jan . 31 , 2024 .
Registration is required by Act 18 , enacted last year to design a potential Clean Heat Standard to address fossil-fuel emissions from Vermont ’ s heating sector .
On May 24 , 2023 , Act 18 became effective . The Act states that “ it is the intent of the General Assembly that the Clean Heat Standard be designed and implemented in a manner that achieves Vermont ’ s thermal sector greenhouse gas emissions reductions necessary to meet the requirements of [ the Global Warming Solutions Act of 2020 ], minimizes costs to customers , protects public health , and recognizes that affordable heating is essential for Vermonters .”
Act 18 directs the Vermont Public Utility Commission to design a potential Clean Heat Standard and to file its recommendations with the Vermont General Assembly by January 15 , 2025 . l FON
Are you a deliverable fuels dealer who has hired or promoted one of your employees ? Maybe you have expanded your business through an acquisition . Or you ’ ve opened a satellite office in a new location . Or built a bulk plant … If any of the above apply to your business , or you have some other news that you would like to see covered in Fuel Oil News , please send the information , along with your name , email address and phone number , to the editor , Stephen Bennett , at SBennett @ fueloilnews . com .
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