A federal court in Colorado has blocked an industry-led attempt to overturn a Denver building code restricting the use of gas appliances in certain new commercial and multifamily buildings.
Chief Judge Philip Brimmer dismissed the challenge on Friday to the 2023 building code, finding that federal efficiency standards for appliances under the Energy Policy and Conservation Act (EPCA) do not preempt Denver’s construction requirements.
The ruling is the latest loss for the National Association of Home Builders and other groups, which have failed to convince courts across the country this year that EPCA preempts local governments from establishing building codes that block the use of gas appliances in construction.
Brimmer, who was appointed to the bench by former President George W. Bush, found that the law’s preemption clause only applies to state laws that regulate efficiency standards set for product manufacturers.
