Description: Challenge U.S. Department of Energy rules for showerheads and for residential clothes washers and consumer clothes dryers.
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Alliance for Water Efficiency v. U.S. Department of Energy
Case Documents:
Filing Date Type File Action Taken Summary 03/01/2022 Order Download Appeal voluntarily dismissed. Challenge to “Showerhead” Definition Dismissed After Biden Administration Reinstated Previous Definition. The Seventh Circuit Court of Appeals granted Alliance for Water Efficiency’s motion for voluntary dismissal of a proceeding challenging the U.S. Department of Energy’s (DOE’s) December 2020 promulgation of a rule amending the regulatory definition of “showerhead” in DOE’s energy conservation standards after the Biden administration reinstated the previous definition in December 2021. The December 2020 definition allowed each showerhead in a product containing multiple showerheads to be considered separately for purposes of determining compliance with the 2.5 gallon per minute maximum water use threshold. In its December 2021 rule, DOE determined that the December 2020 definition was inconsistent with the Energy Policy and Conservation Act’s purposes of energy and water conservation. 02/28/2022 Motion Download Motion for voluntary dismissal filed by petitioner. 01/21/2022 Status Report Download Status report filed by the U.S. Department of Energy. 12/30/2021 Order Download Motion to extend the abeyance granted and proceedings suspended until February 28, 2022. 12/29/2021 Motion Download Petition filed unopposed motion to extend the abeyance. 09/23/2021 Order Download Motion to continue to hold petition for review in abeyance granted and proceedings suspended until February 1, 2022. 09/20/2021 Motion Download Unopposed motion to continue to hold petition for review in abeyance filed by respondents. 09/07/2021 Status Report Download Status report filed by the U.S. Department of Energy. 04/07/2021 Order Download Motion to hold in abeyance granted and proceedings suspended until October 1, 2021. 04/05/2021 Motion Download Unopposed motion filed by respondents to hold petition for review in abeyance. 03/18/2021 Order Download Motion for stay pending review denied. Seventh Circuit Declined to Stay Trump Administration Revisions to Showerhead Conservation Standard. The Seventh Circuit Court of Appeals denied petitioners’ motion for a stay pending appeal in the case challenging the U.S. Department of Energy (DOE) final rule revising the definition for “showerhead” and adding definitions for “body spray” and “safety shower showerhead” in the energy conservation standards for consumer products. DOE had indicated that it was reviewing the rule pursuant to President Biden’s Executive Order 13990. 03/15/2021 Reply Download Reply filed by petitioners in support of motion for stay. 03/08/2021 Opposition Download Opposition filed by respondents to motion for stay. 02/22/2021 Order Download Motion to unconsolidate and transfer granted and briefing deadline for stay motion extended. The Seventh Circuit transferred a case challenging new product classes for residential clothes washers and consumer clothes dryers in the Department of Energy’s energy conservation program to the Second Circuit, where another challenge to the rule was pending. A challenge to another DOE rule—which adopted a revised definition for “showerhead” and added definitions for “body spray” and “safety shower showerhead”—remained pending in the Seventh Circuit. Petitioners moved for stays of both rules pending review. The response to the stay motion for the showerhead rule was due on March 8. Both rules are on DOE’s list of rules that it is reviewing pursuant to Executive Order 13990. 02/19/2021 Motion Download Consent motion filed to unconsolidate the cases, to transfer case No. 21-1166 to the Second Circuit, and for a one-week extension of time to file responses to the stay motions. 02/17/2021 Motion Download Motion for stay pending review filed. 01/27/2021 Petition for Review Download Petition for review filed.