On August 7, 2026, the federal district court for the District of Colorado dismissed with prejudice a challenge to standards passed by the Denver City Council in 2023 that restrict or ban use of certain natural gas appliances. As a threshold matter, the court found that the business groups that challenged the standards had standing. On the merits, however, the court rejected the groups’ argument that the standards were a regulation “concerning” a covered product’s “energy use” as defined by EPCA and were therefore preempted. The court agreed with the Second Circuit in <a href="https://www.climatecasechart.com/collections/association-of-contracting-plumbers-of-the-city-of-new-york-v-city-of-new-york_c0774d">Association of Contracting Plumbers of the City of New York v. City of New York</a> that “energy use” in EPCA refers to “a standardized, fixed measure assigned to a product before it reaches consumers.” The district court found that Denver’s standards—“which only regulate appliances purchased by consumers and which do not impose requirements on manufacturers—do not regulate energy use as contemplated by the EPCA’s preemption provision.” The court further concluded that the EPCA preemption provision’s use of the word “concerning” did not extend the provision’s reach to the Denver standards.

Lawsuit challenging Denver electrification requirements for buildings.

Restaurant Law Center v. City & County of Denver

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Colorado Federal Court Rejected Preemption Challenge to Denver Building Electrification Law

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Colorado Federal Court Rejected Preemption Challenge to Denver Building Electrification Law

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