A District Court judge in Colorado has dismissed a lawsuit filed against Denver’s updated building energy ordinances, which were designed to lower energy consumption and reduce air pollution from residential and commercial structures. The court determined that federal law does not override the city’s authority to implement these local regulations, granting a motion to dismiss filed by the City of Denver and the Sierra Club.
The case centered on claims that the federal Energy Policy and Conservation Act preempts local government efforts to regulate pollution from certain gas-fired appliances used for heating and hot water. The court rejected these arguments, aligning with recent decisions from federal courts in multiple states that have similarly upheld local and state authority to regulate building-related emissions. Courts across the United States have increasingly recognized this authority in jurisdictions including New York, Washington D.C., Maryland, Illinois, and California since 2024.
Denver’s energy code was adopted in 2023 with input from industry stakeholders and aims to modernize the building stock to improve climate resilience and reduce operational costs. The regulations encourage transitions from fossil fuel-based heating systems to electric alternatives such as heat pumps. City officials and environmental advocates have emphasized that the codes help property owners and tenants reduce pollution exposure while lowering energy expenses and protecting against price volatility associated with fossil fuels.
The lawsuit was filed by a coalition of corporate landlord associations, the National Propane Gas Association, and the Colorado Restaurant Association. Environmental groups, including the Sierra Club, which intervened in the case with legal support from Earthjustice, argued that the regulations represent a reasonable exercise of local government authority to address air quality concerns. The dismissal follows a period when Denver experienced severe air quality degradation caused by the combination of urban pollution and wildfire smoke.
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