Description: Challenge brought by industry petitioners to energy conservation standards for commercial packaged boilers that were more stringent than ASHRAE standards.
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American Public Gas Association v. U.S. Department of Energy
Case Documents:
Filing Date Type File Action Taken Summary 06/01/2022 Order Download Motion to vacate rule denied. D.C. Circuit Declined to Vacate Conservation Standards for Commercial Packaged Boilers. On June 1, 2022, the D.C. Circuit Court of Appeals denied a motion to vacate a 2020 U.S. Department of Energy (DOE) rule that set energy conservation standards for commercial packaged boilers that were more stringent than the standards of the American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE). The court had found in January 2022 that DOE did not provide the requisite justification for promulgating the more stringent standards and gave DOE 90 days to address why the rule satisfied the standard requiring “clear and convincing evidence” that the more stringent standards were economically justified. DOE issued an additional explanation in April 2022 (which noted that numerous factors such as reduced cumulative carbon dioxide emissions were considered in addition to consumer savings), but the petitioners argued that the 2020 rule should be vacated because the explanation was inadequate and was issued without notice or opportunity for comment. The D.C. Circuit denied the motion to vacate in a one-sentence order. 05/23/2022 Reply Download Reply filed by petitioners in support of joint motion to vacate DOE's final rule. 05/16/2022 Opposition Download Joint opposition filed by respondent-intervenors to petitioners' motion to vacate. 04/28/2022 Motion Download Joint motion filed by the petitioners to vacate DOE's final rule pursuant to the court's prior order. 04/15/2022 Notice Download Notice filed by U.S. Department of Justice regarding Department of Energy's supplement to the final rule in response to court's identification of deficiencies. 01/18/2022 Opinion Download Final rule remanded to DOE. 08/23/2021 Brief Download Joint responsive supplemental brief filed by American Public Gas Association et al. 07/19/2021 Brief Download Supplemental brief filed for respondent. 04/21/2021 Brief Download Final joint opening brief filed by American Public Gas Association et al. 04/21/2021 Reply Download Final joint reply brief filed by American Public Gas Association et al. 02/22/2021 Brief Download Brief filed by respondent-intervenors. 12/21/2020 Brief Download Brief filed for respondent. 03/09/2020 Petition for Review Download Petition for review denied.