AHRI et al. v. City of Albuquerque Litigation Demonstrates Dangers of Green Building Legislation

Stephen Del Percio — Wed, 29 Oct 2008 16:37:32 +0000

Back in early October, Chief District Judge Martha Vazquez of United States District Court for the District of New Mexico granted a preliminary injunction in favor of a number of HVAC industry plaintiffs who are challenging the legality of certain Energy Conservation Codes in the city of Albuquerque. The suit alleges that applicable federal legislation already exists for the same equipment that the Codes purport to regulate, thereby preempting the proposed codes. Over at gbNYC, we frequently discuss the problems with green building regulatory schemes, many of which have been crafted quickly and without consideration of broader legal ramifications. Judge Vazquez’ opinion, in fact, noted this very issue, pointing out that “the drafters of the code were unaware of the long-standing federal statutes governing the energy efficiency of certain HVAC and water heating products and expressly preempting state regulation of these products when the code was drafted and, as a result, the code, as enacted, infringes on an area preempted by federal law.” We’ve written quite a bit about the AHRI case over at gbNYC- pertinent links are below.

District Court Judge Grants Injunction (gbNYC)
Industry Groups Launch Legal Challenge to Green Building Codes (gbNYC)

Green Real Estate Law Journal » New Mexico

AHRI et al. v. City of Albuquerque Litigation Demonstrates Dangers of Green Building Legislation