Federal Judge Rejects Albuquerque's Stringent Energy Codes

A federal judge in New Mexico has ruled in favor of plaintiffs who contended that the portions of the 2007 Albuquerque Energy Conservation Code are preempted by federal law. The Jan. 25 decision by U.S. District Judge Martha Vazquez essentially rejected the city’s attempt, through its building code, to impose heating, ventilating and air conditioning equipment-efficiency standards in commercial, multi-family and single-family residential buildings that are more stringent than federal standards. The lawsuit was filed on Sept. 30, 2010 by a group led by the Air Conditioning, Heating and Refrigeration Institute.

In another move late last year, the Albuquerque city council voted 5-4 to abandon the city’s controversial energy-conservation code, adopted in 2009, and adopt instead the less-strict New Mexico energy code. The state code is based on the 2009 International Energy Conservation Code.

Nadine M. Post, ENR's editor-at-large for buildings, is an award-winning journalist with 45 years of experience covering trends, issues, innovations, controversies and challenging projects. Post has written about many industry giants, including 10 ENR Award of Excellence winners. And she has covered disasters, failures and attacks, including the 1993 bombing and the 2001 destruction of the World Trade Center. Project stories include the redevelopment of the World Trade Center; the 828-meter-tall Burj Khalifa; Los Angeles’ Disney Concert Hall; and Seattle's Bullitt Center and Rainier Square Tower. In 1985, Post wrote McGraw-Hill's book Restoring the Statue of Liberty (1986) for the restoration’s architects—Richard S. Hayden and Thierry W. Despont.