Description: Challenge to U.S. Department of Energy rule creating new product classes for short cycle washers and dryers in the energy conservation program.
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California v. U.S. Department of Energy
Case Documents:
Filing Date Type File Action Taken Summary 08/29/2022 Status Report Download Status report filed by petitioners. 02/16/2022 Order Download Briefing stayed until April 20, 2022. 02/11/2022 Motion Download Unopposed motion to stay briefing filed. 09/30/2021 Order Download Briefing schedule stayed. 09/17/2021 Status Report Download Status report filed by the U.S. Department of Energy. 09/17/2021 Status Report Download Unopposed motion to stay briefing filed by petitioners. Motion to stay briefing schedule until February 1, 2022 granted. 05/18/2021 Order Download Motion to stay rule denied and motion to stay briefing granted. Second Circuit Declined to Stay Department of Energy Rule Creating New Product Classes for Short-Cycle for Washers and Dryers. The Second Circuit Court of Appeals denied a motion to stay a U.S. Department of Energy (DOE) rule adopted in December 2020 that created new product classes for short-cycle washers and dryers in the energy conservation program. The court found that the petitioners—who had argued that excessive consumption of energy and water by short-cycle washers and dryers sold due to the rule would constitute substantial and irreparable harm—did not make a sufficient showing of irreparable injury absent a stay. The Second Circuit also granted the petitioners’ motion to stay briefing until October 1, 2021 to allow DOE to proceed with reconsideration of the rule. DOE represented that it expected to complete reconsideration by the end of 2021. 05/14/2021 Letter Download Letter submitted by Alliance for Water Efficiency. 05/13/2021 Motion Download Unopposed motion to stay briefing filed by petitioners. 03/25/2021 Order Download Motion to consolidate Nos. 21-108 and 21-428 with No. 21-564 granted . 03/22/2021 Motion Download Motion to consolidate filed by respondents. 01/19/2021 Petition for Review Download Petition for review filed. -
Alliance for Water Efficiency v. U.S. Department of Energy
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Alliance for Water Efficiency v. U.S. Department of Energy
Case Documents:
Filing Date Type File Action Taken Summary 02/22/2021 Order Download Motion to unconsolidate and transfer granted. The Seventh Circuit transferred a case challenging new product classes for residential clothes washers and consumer clothes dryers in the Department of Energy’s (DOE'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. 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. Alliance for Water Efficiency, U.S. Public Interest Research Group, and Environment America filed two petitions for review in the Seventh Circuit Court of Appeals challenging final energy conservation rules adopted by the U.S. Department of Energy in December 2020 for showerheads and for residential clothes washers and consumer clothes dryers. The showerhead rule adopted a revised definition for “showerhead” pursuant to which each showerhead in a product with multiple showerheads is considered separately for purposes of determining compliance with energy conservation standards. The rule also added definitions for “body spray” and “safety shower showerhead” to clarify which products are not subject to the energy conservation standard for showerheads. The washers and dryers rule created new “short cycle” product classes for washers and dryers that take less time for a normal cycle. The current energy conservation standards do not apply to the new product classes. In a press release announcing the lawsuits, a representative for one of the petitioners stated that “it makes absolutely no sense to reverse policies that have successfully lowered our carbon emissions and reduced utility bill costs for Americans.” The washers and dryers rule is on the non-exclusive list of rules identified by the Biden administration for review under the Executive Order on Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis. -
Sierra Club v. U.S. Department of Energy
Case Documents:
Filing Date Type File Action Taken Summary 03/10/2021 Petition for Review Download Petition for review filed.