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Wash. Energy-Efficient Building Code Can Stand, 9th Circ. Says

Law360, New York (June 25, 2012, 6:30 PM EDT) -- The Ninth Circuit on Monday struck down a building industry group's claims that energy efficiency provisions in Washington state's building code flout federal regulations, saying the code's stipulations qualify under the Energy Policy and Conservation Act's preemption-exemption provision.

The 3-0 decision affirms a district court ruling that the Washington statute, aimed at curbing energy usage and ramping up efficiency, meets all seven standards set forth by the EPCA for it to avoid being trumped by federal standards. According to the ruling, the case marked the first...
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