The U.S. Department of Justice has sued the cities of Morgan Hill and Petaluma over their ordinances banning natural gas infrastructure in new construction.
The complaint, filed Jan. 5 in the Northern District of California, says the cities’ bans violate federal law by restricting consumer access to federally regulated appliances including gas stoves, furnaces and water heaters, according to the 1975 Energy Policy and Conservation Act.
“These natural gas bans hurt American families and are outright illegal,” Attorney General Pamela Bondi said in a statement announcing the lawsuit.
Morgan Hill adopted its ban in November 2019, requiring all new buildings constructed after March 1, 2020, to be all-electric. The ordinance was intended to reduce emissions by addressing the second-largest source of greenhouse gas emissions in Morgan Hill, natural gas combustion in buildings, as identified in the city’s 2021 Climate Action Plan.
“At that time, the ordinance was intended to advance the city’s climate action goals, which required new buildings to be constructed without natural gas,” said Chris Ghione, public services director. “The ordinance was intended to reduce future emission growth within the city as electricity procured by Silicon Valley Clean Energy and then provided by PG&E to residents is 100% carbon free.”
The Morgan Hill City Council, led by Mayor Mark Turner, reviewed the ban in 2023, but ultimately decided to leave it in place.
Now, Turner said he does not support the 2019 ban and believes energy choices should be left to builders and buyers rather than mandated by the government.
“I don’t believe it’s the City Council’s place nor the State Legislature’s place to tell me or other residents they cannot have access to natural gas in their homes,” Turner said.
City Attorney Donald Larkin said Morgan Hill has not enforced the ban since courts struck down Berkeley’s similar ordinance last year.
“Morgan Hill follows federal law, and we will continue to do so,” Larkin said. “The city has not denied any permits for gas infrastructure based on the 2019 ordinance since the courts struck down Berkeley’s similar ordinance. In fact, the city has approved projects with gas infrastructure.”
The lawsuit asks the court to declare the bans illegal and issue a permanent injunction against their enforcement. The Justice Department argues the ordinances drive up energy costs, undermine American energy dominance and create a patchwork of inconsistent regulations.
Turner expressed greater concern about California’s broader electrification policies than the lawsuit itself.
“My greater concern is California’s overly aggressive push to electrify homes that are currently plumbed with natural gas, which is a policy divorced from reality,” he said. “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 regardless of the lawsuit’s outcome, Morgan Hill will continue to allow both electric and natural gas in new construction going forward.
