Utah wins federal court ruling in housing energy standards case

SALT LAKE CITY, Utah — A federal court has ruled in favor of Utah and a coalition of states in a lawsuit challenging federal agencies’ implementation of expensive new energy efficiency standards for residential construction. 

The lawsuit challenged actions by the U.S. Department of Housing and Urban Development (HUD) and the U.S. Department of Agriculture (USDA) under Section 109 of the Cranston-Gonzalez National Affordable Housing Act. Utah and the coalition argued that the agencies unlawfully adopted updated energy efficiency standards developed by private organizations, causing significant costs for new housing. 

Federal estimates indicated the rule could add up to $8,845 to the cost of each new home for low-income buyers, while industry estimates suggested costs could reach as high as $31,000 per home. More than 178,000 new housing units nationwide would have been affected each year.  

The court agreed with the states, ruling that the agencies’ final decision conflicted with the plain language of Section 109 of the Administrative Procedure Act and was therefore unlawful. The court found that the statute only authorized the agencies to implement one of the updates to the private industry standards, which had already taken place in 2015. 

The court also determined that new standards may only be adopted if they do not negatively impact the availability of affordable housing. The agencies’ own analysis recognized that the new standards would reduce housing availability by roughly 1.5 percent. 
 
“This ruling is a victory for the Constitution and for every Utah family who dreams of owning a home,” says Utah Attorney General Derek Brown. “Our system is based on a simple but fundamental principle: the power to make law belongs to those who answer to the people. Federal agencies must follow those laws too. They cannot automatically defer to private organizations and leave American families to bear the cost.” 

The Office of the Utah Attorney General will keep defending against unlawful federal overreach and support policies that protect access to affordable housing for Utah families.