10/17/2026
A new ruling in Colorado Apartment Association v. Ryan affirms local authority to regulate fossil fuel combustion, while raising concerns about existing building performance standards (“BPS”) based on energy use intensity. The court indicated that BPS based on greenhouse gas emissions are likely not preempted, so the current federal legal landscape still allows for a range of building decarbonization approaches. Read our latest commentary to learn what this could mean for BPS and federal Energy Policy and Conservation Act preemption: https://www.publichealthlawcenter.org/commentary/261005/10/5/26-what-new-colorado-ruling-means-bps