Energy Appliance Victory! (DC Circuit vs. DOE)
By Mark Krebs -- July 10, 2023
“The ‘wheels of justice turn slowly,’ but they indeed turned, even within the District of Columbia’s ‘uni-party.’ As for holding on to this victory, it is far from a slam-dunk for preserving consumer choice and free markets. I expect the struggle to escalate in Biden’s all-of-government war against natural gas and other fossil fuels.”
Beleaguered energy consumers were just handed a far-reaching victory by the United States Court of Appeals for the District of Columbia (DC Circuit). The ruling vacated a Final Rule from the U.S, Department of Energy (DOE) that would have banned the manufacture and sale of non-condensing boilers for use in commercial applications. DOE’s rule was challenged several years ago by natural gas interests–and later joined with a separate but similar case brought by the Air-Conditioning, Heating, and Refrigeration Institute (AHRI).
For those fluent in legalese, the Court’s historical review and logic can be downloaded here. The Court found that DOE failed to meet the standards of “clear and convincing evidence” necessary for DOE to mandate more stringent minimum efficiency standards. Such evidence is required by the Energy Policy and Conservation Act (EPCA).
DOE’s failures were major and numerous. Previously, the Court had afforded DOE ample opportunities to rectify them, but they didn’t. Ultimately (reading in between the lines), it appears that the Court lost its patience with “the Agency” (DOE). One of the far-reaching results of this victory is that it undermines a veritable super-weapon of the administrative state: the Chevron Deference. This aspect will be discussed in more detail further down.
https://www.masterresource.org/krebs-mark/energy-appliance-victory-dc-circuit/
