DENVER (Legal Newsline) - A group representing Colorado apartment building owners is challenging new regulations requiring them to decrease their energy consumption.
In an April 22 lawsuit filed in Denver federal court, several associations including the Colorado Apartment Association, Apartment Association of Metro Denver, Colorado Hotel and Lodging Association, Inc., and NAIOP Colorado Chapter have taken legal action against state and Denver officials.
The plaintiffs are seeking declaratory and injunctive relief under federal law against enforcement of two specific regulations: the Colorado Air Quality Control Commission’s final regulation entitled Building Benchmarking and Performance Standards (Regulation 28) enacted by the State of Colorado’s House Bill 21-1286, and the City and County of Denver's Ordinance No. 20211310 (Energize Denver Ordinance), along with its implementing rules enacted by the Denver Office of Climate Action.
Both Regulation 28 and Energize Denver aim to establish energy conservation standards on buildings as well as appliances within those buildings. However, according to the plaintiffs' argument, these standards are preempted by the Energy Policy and Conservation Act (EPCA), which places primary jurisdiction under the U.S. Department of Energy.
They seek to have both Regulation 28 and Energize Denver declared unlawful due to EPCA’s express preemption provision.
Paul Seby of Greenberg Traurig represents the plaintiffs.