A federal judge has dismissed a lawsuit challenging energy reduction regulations for large buildings in Colorado. The lawsuit, filed by industry groups representing apartment owners, hotel operators, and real estate developers, contested the legality of two programs aimed at lowering greenhouse gas emissions and reducing energy usage in large buildings. The judge found that the plaintiffs’ claims were too vague and lacked specific allegations about the necessity of replacing federally covered products to comply with the regulations. The judge dismissed the case without prejudice, giving the industry groups 21 days to file a new complaint addressing the identified deficiencies.
Regulation 28 and Energize Denver are the programs in question, with goals of reducing energy usage and greenhouse gas emissions over the next decade. The industry associations argued that compliance would require the installation of more energy-efficient products that exceed federal standards, resulting in significant costs for building owners. However, the defendants pointed out the lack of specifics backing up these claims and questioned the reliance on a previous court decision involving a similar case in Berkeley.
While the judge did not resolve the issue of federal law overriding state and local regulations affecting building emissions, she emphasized the need for specific details to support the industry groups’ claims. The lawsuit has been dismissed, and the industry groups have the opportunity to file a new complaint with additional information. Overall, the lawsuit highlights the ongoing debate over energy regulations and the challenges of balancing federal, state, and local laws in achieving environmental goals.
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