By Peninsula Daily News services
SEATTLE — A federal judge in Tacoma has rejected a challenge to Washington state’s new energy efficient building standards.
The Building Industry Association of Washington had sued a state agency last May, saying a section of the state’s building energy code imposes energy efficiency standards higher than those set by the federal government.
U.S. District Judge Robert J. Bryan on Monday sided with the Washington State Building Code Council and several conservation groups that had filed court papers to defend the new standards.
He ruled the building trade group failed to show that the state code requires them to use products with higher efficiency than mandated by federal standards as the only way to comply with the code. He dismissed the case.
“It’s very favorable ruling for the state and for the public, and it sets a great precedent for other states,” the Council’s managing director Tim Nogler said Monday.
Nogler said the standards would reduce overall energy use by 15 to 18 percent for new commercial and residential construction.
The new rules adopted in 2009 require builders to choose from a menu of options to make homes environmentally friendly, such as by using high-efficiency furnaces or water heaters. The rules took effect Jan. 1, 2011.
The energy code was scheduled to take effect on July 1, 2010, but Gov. Chris Gregoire last year asked the State Building Code Council to delay them until this April. She said it was needed to help the construction industry stabilize.
The council temporarily delayed the rules in response to the governor’s request, but voted last October to implement the code at the start of this year.
A call to the BIAW wasn’t immediately returned Monday. The BIAW has argued the rules are overly restrictive, too costly and would make homes unaffordable. Its lawsuit said the code would add between $5,000 and $15,000 to the price of a single-family home.
Conservation groups, including the Sierra Club, the NW Energy Coalition, the Washington Environmental Council and Natural Resources Defense Council applauded the ruling. The groups said the code will save residents money, and reduce global warming pollution.
“This decision represents an important victory not only for Washington, but also for other states that have adopted similar energy savings measure,” said council’s Noah Long.
