Posted by: Patricia Salkin | November 5, 2010

Federal District Court Judge Rules that Certain Prescriptive Provisions of the Albuquerque Energy Code Preempted by Federal Statute

In ongoing litigation, a federal district court judge ruled on a motion for a permanent injunction holding that certain prescriptive portions of the Albuquerque Energy Conservation Code are in fact preempted by federal statute.  However, the Court denied the motion with respect to the Code’s performance-based provisions, including LEED standards, finding that the plaintiffs had not met their burden. 

At this time, the decision should not be read so as to assume that all performance-based provisions will survive a pre-emption challenge since the court declined to so rule only under the facts in this particular case.

AHRI v City of Albuquerque, Civ. No. 08-633 MV/RLP (9/30/2010)

The opinion can be accessed here

Visit the Climate Change Law Blog for a more detailed write-up of this case here

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