ELR Citation: 56 ELR 20042
No(s). DLB-25-113 (D. Md. Mar 31, 2026) (Boardman, J.)

A district court granted the Maryland Department of the Environment's (MDOE's) motion to dismiss a challenge to its building energy performance standards that set greenhouse gas emissions targets for certain state-owned, commercial, and multifamily residential buildings in Maryland. Condominium groups, builder and real estate trade groups, and utility companies argued the standards were expressly preempted by the Energy Policy and Conservation Act (EPCA), and sought to enjoin their enforcement. MDOE moved to dismiss for failure to state a claim. The court found the standards did not "refer to" or have an impermissible "connection with" the "energy use" or "energy efficiency" of covered products and were not preempted by EPCA. It granted the motion to dismiss.