The Colorado Apartment Association, Colorado Hotel and Lodging Association, and NAIOP Colorado have announced the participation and support of the United States in their ongoing lawsuit challenging the retroactive “building performance standards” in Colorado Regulation 28 and Energize Denver.
These organizations are challenging Energize Denver and Colorado Regulation 28 in the U.S. District Court for the District of Colorado, arguing that the regulations impose unlawful requirements on owners of covered buildings. Specifically, they contend the rules force property owners to replace lawful, fully functioning HVAC systems and domestic water heating equipment before the end of their useful service lives. According to the plaintiffs, these mandates conflict with the federal Energy Policy and Conservation Act (EPCA), which expressly preempts state and local governments from regulating certain federally covered products, including HVAC and water heating systems commonly found in commercial buildings.
The organizations are thankful for the leadership of U.S. Energy Department Secretary Chris Wright in taking this important action. The U.S. filing states, “This case presents significant questions of interest to the United States regarding the preemptive scope of (EPCA) administered by the United States Department of Energy. As the United States has explained in other recent cases, ensuring the utility of nationally applicable standards adopted by the department and preempting state and local regulations that would undermine those standards both upholds EPCA’s broad preemption provision and advances the department’s administration of the statutory scheme.”
The associations remain available to work with the State and Denver to improve sustainability and efficiency in the building sector. This includes reasonable initiatives to decrease greenhouse gas emissions from buildings that are part of a comprehensive strategy that considers energy efficiency goals, Denver and Colorado’s continuing need for affordable housing and a vibrant economy, and realistic evaluations of available technologies, the capabilities of the grid, and achievable schedules.
