DENVER (Legal Newsline) - Denver's ban on gas appliances in restaurants is preempted by federal law allowing them, a new lawsuit says.
A coalition of trade associations, including the Restaurant Law Center and the National Association of Home Builders, filed a lawsuit July 3 in federal court against the City and County of Denver.
The plaintiffs seek declaratory and injunctive relief to prevent the enforcement of Denver Ordinance Nos. 21-1310 and 22-1653, which restrict the use of gas appliances in new and existing buildings as part of the city's energy code.
They argue that these local ordinances are preempted by the federal Energy Policy and Conservation Act (EPCA), which sets national standards for energy use and efficiency of appliances.
The plaintiffs claim that these municipal bans will cause irreparable harm to their businesses by increasing costs, disrupting operations, and limiting consumer choice.
Megan Berge of Baker Botts represents the plaintiffs.