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Short Circuit

Short Circuit 309 | O’Scannlain O’Rama

Feb 1, 2024
Former clerks of Judge Diarmuid O’Scannlain, David Lat and Daniel Sullivan, discuss clerking on the Ninth Circuit and the challenges of differing points of view among colleagues. They also delve into interesting legal cases involving Florida Governor Ron DeSantis, a prosecutor's First Amendment lawsuit, federal law preemption of a gas stove ban in Berkeley, and tensions in the law highlighted by judge concurrence and descent.
59:04

Podcast summary created with Snipd AI

Quick takeaways

  • The Ninth Circuit panel ruled that Berkeley's ordinance banning the installation of new gas stoves is preempted by the Energy Policy and Conservation Act.
  • Judge O'Scannlain emphasized the need for clarity in preemption cases and called for a review of the court's precedents on preemption.

Deep dives

Berkeley restaurant association challenges gas stove ban in court

The California Restaurant Association has filed a lawsuit against the city of Berkeley, challenging an ordinance that prohibits the installation of new gas stoves in buildings. The association argues that the ordinance is preempted by the Energy Policy and Conservation Act. The case has raised questions about the scope of express preemption provisions and the application of the presumption against preemption. The Ninth Circuit panel held that the ordinance is preempted by the EPCA, with Judge O'Scannlain writing a concurrence that highlights the need for clarity in the law. The denial of rehearing en banc by the Ninth Circuit creates the potential for Supreme Court review.

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