Paper and Presentation: CRA vs. City of Berkeley
The Ninth Circuit’s 2023 decision in California Restaurant Association v. City of Berkeley has been widely interpreted as a significant setback for local governments in enacting stricter energy codes. This decision has important implications for decarbonization efforts and the future of building standards in the Western U.S.
In this legal and policy analysis, 2050 Partners’ Kristen Driskell, a former California Energy Commission leader with deep expertise in energy efficiency policy, explains why the CRA v. Berkeley ruling is far narrower than headlines suggest. This paper explores the ongoing legal pathways that cities and states can use to regulate energy use in buildings and offers key insights for policymakers, local governments, advocates, and industry stakeholders looking to maintain momentum in the transition to zero-emission buildings.
Click below to access the full paper and presentation
What’s Inside
- A plain-language explanation of the CRA v. City of Berkeley ruling and why it reshaped how courts interpret local energy ordinances.
- How local governments can still use building codes to advance decarbonization—even in the Ninth Circuit.
- Examples of recent code innovations from California, Washington, and other jurisdictions that comply with federal preemption rules.
- Insights into how municipalities are adapting post-ruling, including reach codes, performance pathways, and energy cost metrics.
- A breakdown of what the ruling does not prohibit—and what opportunities remain.
- The evolving legal debate over EPCA preemption and how future court rulings could reshape the current landscape.
- How source energy codes and fossil fuel compliance pathways are being refined to withstand legal challenges while promoting climate goals.
Why It Matters
This case changed the preemption landscape for local energy regulations, but it didn’t close the door on climate-forward policy. As states and cities reevaluate their building code strategies, understanding where legal boundaries lie is critical. This paper explores practical, lawful pathways for driving efficiency and decarbonization through building codes, even after a major federal setback. It’s a must-read for anyone involved in developing, interpreting, or enforcing building codes under increasing regulatory scrutiny.
This paper is especially relevant for:
- State legislators and regulatory staff involved in shaping or responding to shifts in policy.
- Public utility commissions and energy regulators evaluating the intersection of policy, infrastructure, and decarbonization goals.
- City planners and development services departments integrate energy code compliance into permitting and planning processes.
- Clean energy and electrification advocates looking to align local advocacy with climate goals.
- Architects and green building professionals interpreting code requirements for new construction.
- Industry associations and trade groups, especially those representing HVAC, construction, or appliance manufacturers.
- Think tanks and policy researchers analyzing case law impacts on climate policy strategies.
About the Author
This paper was authored by Kristen Driskell, Managing Director at 2050 Partners. Kristen has deep expertise in energy policy, decarbonization strategy, and regulatory analysis, and she has led and supported critical research at the intersection of building codes, energy efficiency, and legal frameworks. Her work helps state and local governments design effective policies that withstand legal challenges while advancing long-term climate goals.
