The city of Denver’s push to electrify commercial buildings has survived a significant legal challenge. A federal judge last week dismissed an industry lawsuit that aimed to strike down city requirements regarding how water and air heaters are powered in commercial buildings.
Background
Some of the requirements took effect in 2024, and additional regulations are planned for the years to come. The Denver City Council approved the regulations and planned future changes with votes in 2021 and 2023.
The Restaurant Law Center, the National Association of Home Builders, and other professional associations sued the city in 2024 to block the changes. The plaintiffs alleged that the city had overstepped its authority, arguing that the power to regulate the energy efficiency of these kinds of appliances falls to the federal government under the Energy Policy and Conservation Act of 1975.
The city argued its laws were meant to mitigate the health and climate impacts of burning fossil fuels and using inefficient resistance heaters. U.S. District Judge Philip Brimmer acknowledged that the plaintiffs faced a risk of harm from the regulations. But he disagreed that the local laws were preempted by the federal law.
Future Regulations
The next set of planned standards would require that when water and air heating units are replaced in commercial buildings, the new units must be electric. Another upcoming set would require property owners to integrate electric boilers when replacing gas-fired boilers. But those requirements have not yet been written into the city’s building and energy codes.
Colorado voters will also have a say in the matter this November, as a proposed amendment would put a “right to natural gas” in the state constitution, if enough voters agree.
Original reporting: Denverite — read the source article.
