A divided appeals court on Tuesday affirmed its ruling that the first natural gas ban enacted in the United States, in Berkeley, CA, is preempted by federal law, setting the stage for more legal fights across the country.

In a 65-page amended opinion, the U.S. Court of Appeals for the Ninth Circuit threw out Berkeley’s ordinance, which banned gas hookups in some new buildings. A three-judge panel of the Ninth Circuit had ruled against the ordinance last year, in California Restaurant Association v. City of Berkeley, No. 21-16278.

The California Restaurant Association (CRA) argued that the ordinance impacted how its members prepare food, as many were trained using natural gas stoves. The CRA also argued that the federal Energy Policy Conservation Act (EPCA) preempted the local...