New Mexico Judge Orders Injunction Against Albuquerque Green Building Code
A New Mexico judge granted an injunction on October 3 against the enforcement of the city of Albuquerque's green building code, just two days after it became effective. The state's chief federal judge, Martha Vazquez, issued an order prohibiting the city from enforcing the code, which outlines a host of energy-efficiency measures for homes and businesses. The preliminary injunction will be in effect until the case is resolved permanently, putting the code's eventual reinstatement in doubt.
The code's goals are "laudable," the judge wrote, but the city legislation "infringes on an area pre-empted by federal law....There is no doubt that Congress intended to pre-empt state regulation of the energy efficiency of certain building appliances in order to have uniform, express, national energy efficiency standards."
A few industry groups had challenged the green building code. Critics said it was vague and would drive up the cost of replacing basic home appliances, such as furnaces and air conditioners.
The city adopted the code last year to address global warming by making buildings more energy efficient. The complex regulations called for 90 percent efficient furnaces, for example, with certain exceptions. Attorneys for the city argued that the furnaces weren't mandatory, because homeowners could opt instead to one of several other acceptable changes, such as adding roof insulation to save energy, assuming they didn't want the 90 percent furnace.
For more details, consult the Greener Buildings news article.
Visit Justia.com for more information pertaining to the federal court case.
For New Mexico code status information, visit the BCAP New Mexico Code Status page.