Five months after throwing out a lawsuit that apartment and hotel groups hoped would stop new building energy standards from taking effect, a Denver judge has granted a mulligan.

U.S. District Judge Regina Rodriguez ruled Aug. 21 that industry organizations can file a new lawsuit now that they have shown their members are being harmed by the rules.

“Certain emissions reduction deadlines are as soon as 2026,” she noted. “With the final quarter of 2025 fast approaching, the plaintiffs’ members’ injuries are certainly impending.”

In 2024, the Colorado Apartment Association, Apartment Association of Metro Denver and two other such groups sued the city and state . They argued that the new regulations were illegal because only the federal government can regulate the energy efficiency of home

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