The full U.S. Court of Appeals for the Ninth Circuit on Tuesday declined to reconsider its decision that struck down a local California ordinance banning gas piping, prompting a strong dissent from Judge Michelle Friedland who called the panel's ruling a "clear misinterpretation" of federal law.

A three-judge Ninth Circuit panel last year said the federal Energy Policy and Conservation Act preempts the Berkeley regulation prohibiting gas infrastructure in newly constructed buildings. The panel reversed the dismissal of a lawsuit challenging the ordinance brought by the California Restaurant Association.