Wednesday, October 08, 2008

Federal Judge Puts Albuquerque's Green Building Code on Hold Saying its measures infringe on areas preempted by federal law, a U.S. District Court judge has barred enforcement of Albuquerque's green building code pending the outcome of a lawsuit brought by a group of HVAC and water heating equipment trade organizations, contractors and distributors. Chief District Court Judge Martha Vázquez of New Mexico issued the order on October 3 that grants the plaintiffs' request for a preliminary injunction. The move blocks enforcement of the first and second volumes of the Albuquerque Energy Conservation Code and High Performance Building Ordinance, which were adopted by the City Council in 2007. The case has been watched closely by the legal community specializing in green building and by other local governments. As part of Albuquerque's drive to reduce greenhouse gas emissions, its 2007 measures called for a 30 percent increase in energy efficiency for new commercial and residential buildings and those undergoing substantial renovations. In her 24-page order on Friday, Vázquez wrote, "The city's goals in enacting Albuquerque's Energy Conservation Code and the Albuquerque High Performance Buildings Ordinance are laudable. Unfortunately, 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."....

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