DC Circ. Douses DOE's Decorative Fireplace Efficiency Regs

Law360, New York (February 8, 2013, 8:42 PM EST) -- The U.S. Department of Energy overstepped its authority when it crafted rules that made decorative fireplaces subject to federal energy efficiency standards for home heating appliances, the D.C. Circuit said Friday, siding with the National Propane Gas Association and a hearth products trade group.

In a 2-1 decision, a three-judge panel said the agency's rulemaking that defined decorative fireplaces as “vented hearth heaters” — making them subject to energy efficiency standards for direct heating equipment under the Energy Policy and Conservation Act — went against congressional...
To view the full article, register now.