Colorado Apartment Association v. Ryan (Federal Preemption Challenge to Denver, Colorado Building-Emissions Mandates)
U.S. District Judge Regina M. Rodriguez ruled that real estate industry trade groups' claim that Denver's Energize Denver ordinance and Colorado's Regulation 28 are preempted by the federal Energy Policy and Conservation Act can proceed past a renewed motion to dismiss, while dismissing a related claim about consumer appliances as untimely. The U.S. Department of Justice had filed a statement of interest on September 15, 2026 telling the court the local rules "plausibly are preempted" by EPCA.
Why it matters
The ruling keeps alive one of the most closely watched legal challenges to municipal building-performance standards in the country, with direct relevance to owners of large apartment buildings, hotels, and commercial buildings facing energy-use and emissions targets in Denver and statewide under Regulation 28. A final decision favoring the industry groups could provide a template for challenging similar building-performance mandates in other jurisdictions nationally.
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