California Restaurant Association v. City of Berkeley

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 5 CALIFORNIA RESTAURANT ASSOCIATION, Case No. 4:19-cv-07668-YGR

Plaintiff, ORDER GRANTING IN PART AND DENYING

IN PART MOTION TO DISMISS

vs.

CITY OF BERKELEY, Re: Dkt. No. 47 Defendant.

11 Plaintiff California Restaurant Association (“CRA”) brings this action challenging defendant City of Berkeley’s (“Berkeley”) recently enacted and now in effect ordinance (the “Berkeley Ordinance” or the “Ordinance”) that affects the availability of natural gas in new construction within Berkeley. CRA brings four causes of action against Berkeley: (1) federal preemption by the Energy Policy and Conservation Act (“EPCA”); (2) preemption by California law as a void and unenforceable exercise of police power; (3) preemption by California law as conflicting with California Building Standards Code (“CBSC”); and (4) preemption by California law as conflicting with the California Energy Code (“CEC”). Now before the Court is Berkeley’s motion to dismiss the…