Denver energy efficiency ordinance faces federal court challenge

A federal magistrate judge has recommended that a lawsuit challenging Denver’s Energize Denver ordinance and Colorado’s Regulation 28 proceed. The lawsuit, filed by several commercial property groups including the Colorado Apartment Association and the Colorado Hotel and Lodging Association, argues that these local regulations violate federal law.

The plaintiffs contend that the policies, which require large commercial properties and apartment complexes to meet specific energy efficiency targets and reduce greenhouse gas emissions by 2032, improperly regulate HVAC and water-heating systems. They argue this creates an impermissible connection to products covered under the federal Energy Policy and Conservation Act (EPCA).

Denver’s Energize Denver program requires buildings exceeding 25,000 square feet to become 30% more energy efficient by 2032, with the goal of eliminating 80% of their greenhouse gas emissions. While the city maintains the policy does not mandate electrification, the plaintiffs argue it effectively does. Federal Judge Regina Rodriguez will decide whether to adopt Magistrate Judge Kathryn Starnella’s recommendation following a review of objections.