The Ninth Circuit Court of Appeals has upheld the Western District of Washington’s decision in BIAW et al. v. Washington State Building Code Council, allowing disputed amendments to the state’s energy efficiency code to take effect under the building code exception to federal preemption in EPCA.
Tag Archives | Martha Vazquez
After granting partial summary judgment to the plaintiffs last year, the District of New Mexico has ruled on a fresh set of summary judgment motions and effectively enjoined the City of Albuquerque from implementing amendments to its Energy Conservation Code.
The Washington State Building Code Council has moved for summary judgment in the federal action filed against it by the Building Industry Association of Washington, claiming that disputed amendments to the state energy code fall within the “building code exception” to preemption.
United States District Court Judge Martha Vazquez has ruled on a motion for summary judgment filed by the plaintiffs back in September of 2009 that certain portions of Albuquerque’s Energy Conservation Code are preempted by federal legislation.
A federal court has barred the enforcement of new energy efficiency codes in the City of Albuquerque on the basis that those codes are preempted by applicable federal regulations.