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
Court Strikes Down FinCEN Reporting Rule for All-Cash Real Estate Transactions
In an effort to curb money laundering in residential real estate transactions, the Financial Crimes Enforcement Network (“FinCEN”) enacted the Anti-Money Laundering Regulations for Residential Real Estate Transfers rule (the “Rule”), which imposes extensive reporting requirements for certain non-financed residential real estate transactions. This post provides a high-level overview of the Rule and discusses a
The 21st Century ROAD to Housing Act: Large Institutional Investor Limits
Congress has passed 21st Century ROAD to Housing Act, HR 6644. The bill contains dozens of provisions to address America’s ongoing housing affordability crisis. Chief among the provisions is Title X, Home-Ownership for Main Street America, which institutes a 15-year ban on Large Institutional Investors from purchasing “or enter[ing] into a contract to directly
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
State Legislators Contemplate Policy Tools to Mitigate Wildfire Risk After a Warm, Dry Winter
For much of the American West, this winter has been historically warm and dry. Due to the resulting snow drought, many experts are predicting an intense wildfire season in Colorado and across the West more broadly. Colorado legislators have taken notice. As in recent legislative sessions, there is currently a tranche of wildfire mitigation and