Approximately 90 cities, 29 counties, and 20 towns across the United States have adopted some type of green building program.  So far, even what are considered the most aggressive green building codes, such Los Angeles’ and San Francisco’s, have not drawn any notable legal attacks.  On July 3, 2008, however, a group of national HVAC industry groups and local companies sued the City of Albuquerque, New Mexico, in federal district court to challenge two recently adopted green building city ordinances.

In 2007, the Albuquerque City Council unanimously adopted a High Performance Building Ordinance and a two-volume local Energy Conservation Code, which established air conditioner, furnace, heat pump, and water heater energy efficiency requirements that were more stringent the federal requirements.  For example, the new regulations would raise the standards for HVAC equipment in all new and retrofit commercial and residential projects to a Seasonal Energy Efficiency Ratio (SEER) of 15 for air conditioning and an Annual Fuel Utilization Efficiency (AFUE) of 90% for heating.  By comparison, the current U.S. Department of Energy (U.S. DOE) minimum standards for the same equipment are lower - at 13 SEER and 78% AFUE.

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On July 18, 2007, California became the first in the nation to adopt a state-wide green building code for new construction.  “By adopting this first-in-the-nation statewide green building code, California is again leading the way to fight climate change and protect the environment,” said Governor Arnold Schwarzenegger in his press release.  The California Building Standards Commission “should be commended for bringing everyone to the table including representatives of the construction and building trades industry, environmental groups and labor organizations, and achieving something no other state has been able to,” lauded Commission Chair Rosario Mario.  Others, however, say that the new code should have been much stronger.

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For further information about this topic, please contact Akin Gump.