On January 20, oral arguments were held for APGA’s challenge of the Department of Energy’s (DOE) final rule for commercial packaged boiler (CPB) minimum efficiency standards. The arguments were heard before a panel of three judges at the U.S. Court of Appeals in the DC Circuit.
In 2020, APGA challenged DOE’s final CPB rule, as it inappropriately modeled consumer decision-making using random assignment. APGA and other petitioners – Spire and the Air-Conditioning, Heating, & Refrigeration Institute (AHRI) –previously briefed and argued the case in the same court in 2021. In January 2022, the court issued an order that remanded the rule to DOE due to insufficient reasoning to support the rule. The agency then provided supplemental information, without any opportunity for public notice and comment, but failed to fully address the issues raised by APGA, the court, and other petitioners. Accordingly, APGA initiated a new challenge with the agency, briefing arguments in late 2022.
As before, APGA asked that the rule be vacated. While a quick decision on this case was requested, as the final rule went into effect earlier this month, an anticipated date for when the court will issue its opinion is not known.
Watch a recording of the oral argument
here.
For questions on this article, please contact Stuart Saulters of APGA staff by phone at 202-802-0493 or by email at
ssaulters@apga.org.