Colorado and the City of Denver are being sued in federal district court over rules requiring large buildings to meet new energy standards.
A lawsuit filed Tuesday by apartment and hotel trade organizations against the state and the city alleges both violated federal laws prohibiting states and cities from setting more stringent energy use standards for appliances and building equipment than those set by the federal government.
The plaintiffs assert Congress intended that the 1975 Federal Energy Policy and Conservation Act preempt state or local laws that are “unworkable, that undercut a coordinated national energy policy, that overlook the public’s need for reliable and resilient energy, and that deny consumer choice.”
The Colorado Air Quality Control Commission, a four-member body operating under the Colorado Department of Public Health and Environment and appointed by Gov. Jared Polis, passed Regulation 28 in August. It forces owners of existing buildings larger than 50,000 square feet to reduce energy usage by 7% by 2026 and 20% by 2030.