DOJ says Denver energy rules are preempted by federal law
The U.S. Department of Justice told Denver that its energy rules are preempted by federal law, meaning the city cannot enforce them unless the dispute is resolved in its favor.
In a letter, the DOJ said Denver cannot regulate in areas that Congress has assigned to federal agencies. The department told the city that the rules conflict with federal standards governing energy products and equipment.
Denver has not said whether it will withdraw, amend, or defend the rules in court.
City officials had said the standards were intended to reduce energy use and cut emissions from buildings, one of Denver's largest sources of climate pollution.
The DOJ position matches arguments made by industry groups that federal energy efficiency law blocks state and local regulations covering the same products.
If Denver loses, building owners and developers who followed the city's requirements could face different rules for construction and renovations. The city's climate action plan, which counts the building rules among its main strategies, would also need changes.
Denver has not announced a final decision on the rules.
