Restaurant Law Center v. City & County of Denver

A lawsuit filed in the federal district court for the District of Colorado challenged provisions of two Denver ordinances that restrict use of gas appliances. The first ordinance—which its backers said would reduce greenhouse gas emissions from buildings by 80% by 2040—required that the Denver Building and Fire Code be amended to implement certain electrification requirements, and the second ordinance adopted the 2022 Denver Building Code, including the 2022 Denver Energy Code that implemented an initial phase of the first ordinance’s requirements. The plaintiffs asserted that provisions of these laws are preempted by the federal Energy Policy and Conservation Act. The plaintiffs sought a permanent injunction on enforcement of the laws and a declaratory judgment declaring that they were preempted by federal law and therefore void and unenforceable.