Morgan Hill Mayor Mark Turner echoed this, stating that city staff have affirmed the ordinance has not been enforced to deny gas infrastructure to any project. However, Turner expressed concern over California’s “overly aggressive push” to electrify homes already plumbed with gas, calling the policy “divorced from reality.”
“Homeowners are being pushed toward expensive appliance conversions while PG&E, already unable to deliver reliable, affordable power, struggles to meet existing demand,” Turner said. “Federal leadership should be stepping in to slow or eliminate unrealistic timelines and protect communities from mandates that outpace the very systems required to sustain them.”
The federal case relies on the 1975 law, the U.S. Energy Policy and Conservation Act, to argue that a building code prohibiting gas pipes is effectively a ban on the appliances themselves. This builds on the 2024 Berkeley ruling, which established that cities cannot indirectly block the use of gas appliances by cutting off the infrastructure needed for them to function.
U.S. lawyers argued that allowing these local bans to stand would create a “patchwork of inconsistent regulations” that would burden manufacturers and distributors nationwide. They claim that Congress intentionally created a uniform national standard to prevent exactly this type of local intervention.
Petaluma Mayor Kevin McDonnell called the lawsuit “very sudden and unexpected” in a statement and referred all further comments to the city attorney. In a follow-up statement, city officials echoed Morgan Hill’s defense, calling the legal action an “unnecessary effort” to compel compliance with a law the city is already following.
Officials stated that Petaluma has not enforced its 2021 electrification regulations since the 9th Circuit ruling and has not denied any permit applications based on those rules.
“In any event, the City has observed that developers have generally opted voluntarily to install electric utilities,” the city said in a statement. Like Morgan Hill, Petaluma officials say they only became aware of the complaint through press inquiries and maintain that the litigation is unnecessary.