Will Lakewood Follow Denver into Lawsuits over Green Remodeling

Denver and Colorado are being sued for rules on climate goals and greenhouse gas emission standards that the City of Lakewood is considering adopting. Denver and Colorado both approved a building performance standard that would force builders, landlords and homeowners to meet emission goals through green remodeling and electric appliance retrofits. Lakewood also has building performance standards through its Article 13. Lakewood takes four times as many climate mitigation and adoption steps as other cities, leading to Lakewood being named a leader in climate action. Lakewood is one of only 119 cities around globe to take steps like building standards. Rule 28 in Denver and Colorado goes even further by requiring “benchmarking” performance since 2021. Based on building performance, it is now time for required cuts, leading to a lawsuit by the Colorado Apartment Association, the Colorado Hotel and Lodging Association and others. The cuts will require costly remodeling. In August of 2023, Lakewood staff recommended the city join Denver and Colorado in the benchmarking program, described below, that only about 30 cities throughout the nation have adopted. However, these policies are not market-tested and they are extreme enough that Denver and Colorado are being sued. If Lakewood leadership adopts the additional staff recommendations, or agrees to recommendations from the LAC on Green Remodeling, the city may find also find itself in the news and in legal jeopardy.

Colorado apartment landlords sue to block Denver, state greenhouse gas cuts that they find crushing  

State and local governments don’t have a right to require expensive renovations and appliance swaps to cut greenhouse gases, group suit says – by Michael Booth4:08 AM MDT on Apr 25, 2024

Is Being a Leader a Good Thing?

In a “you say potato…” moment, the lawsuit in Denver shows that one person’s leader is another person’s extremist. Not everyone agrees that going where these climate policies lead is worth it. While the debate rages over climate science, policy makers rarely point out that there are two sides to the story, in order to promote their narrative. Climate policies have real-world economic consequences that could make housing even more expensive.

Lakewood already has an Enhanced Development Menu that requires new development to meets a point scheme, based on the Menu options, that achieves climate goals of rolling back emissions in compliance with state goals. Development is thereby prohibited unless it meets climate goals. The policies Lakewood is currently advocating align with Colorado’s Rule 28 that monitors energy usage for buildings not already covered by the state. This process is called benchmarking, which Lakewood staff describe as “the regular monitoring and reporting of an individual building’s energy consumption to track changes over time and monitor progress towards increased efficiency and decreased GHG emissions.”

While the process may sound routine and innocuous, this program must be put in place before the government can have access to private energy-use data.

Once in place, the data can be used to set the bar and start imposing usage limits, incentives, conversions, etc. Lakewood is specifically talking about the switch from gas-powered to electrical tools and appliances.

The Colorado and Denver rules currently only apply to commercial and multi-family units but the policy puts them to the left of cities like Boulder, as seen in the map below. In fact, Denver is second in the nation only to San Francisco. Being on the forefront of the climate change debate gets Denver in the news but it also attracts lawsuits. And Lakewood is recommending these same actions.

Lakewood is taking things a step further and seeking similar solutions for residential homes, the details of which can be found at the city website, with more from the Lakewood Informer news site.

Back in August, Lakewood staff were enthusiastic about Lakewood becoming another purple dot on the map below, which would show their leader/extremist tendencies, depending on your viewpoint. Will that change once the lawsuits start?