On April 22, 2024, several trade associations representing Denver landlords (the “Plaintiffs”) sued the State of Colorado, the City and County of Denver, and other related entities (collectively, the “Defendants”) in federal court, challenging a state statute and the Energize Denver Ordinance, which together impose a collection of energy efficiency requirements for commercial buildings (the “Efficiency Regulations”). Notably, on June 18, 2026, the Department of Justice (the “DOJ”) filed a Notice of Potential Participation stating that the case presents questions of interest related to the preemptive scope of the EPCA.
Continue Reading Possible DOJ Intervention in Challenge to Energize Denver
New Colorado Law Empowers Local Governments to Support Housing Development
The Colorado General Assembly has recently passed (and the Governor signed into law) Senate Bill 26-001, “Workforce Housing & Housing Tax Credit”, with the intent of increasing financial flexibility and county authority to promote workforce housing, low-income housing, and general housing needs.
SB 26-001 grants a board of county commissioners the power to sell any
Colorado’s Unresolved Data Center Debate
As demand for AI and cloud-computing infrastructure continues to accelerate, data center development has become an increasingly important issue for commercial real estate developers, utility companies, municipalities, and land use practitioners across the country. During the 2026 legislative session, Colorado lawmakers considered two competing bills that would have impacted the landscape for large-scale data center
National Zoning Atlas: Colorado Report Updated
The National Zoning Atlas (NZA) team is digitizing, demystifying, and democratizing information about zoning conditions in more than 33,000 jurisdictions in the United States. Fully comprehending the zoning conditions of a particular state, and therefore housing and development opportunity, is often stifled by lack of standardization. Which jurisdictions have the authority to exercise powers is
Colorado Cities Sue State Over 2024 Housing Density and Parking Reforms
Several Colorado municipalities have sued the state challenging the constitutionality of landmark zoning reforms enacted in 2024. The lawsuit specifically concerns two new laws passed by the legislature and one executive order issued by Governor Polis related to those measures. The first law, HB 24-1313, is aimed at increasing housing density around transit. Under