9th Circ. Tells DOE To Publish Obama-Era Energy-Saver Rules

Law360 (October 10, 2019, 8:05 PM EDT) -- The U.S. Department of Energy can no longer refuse to publish Obama-era energy conservation standards for household and industrial appliances, the Ninth Circuit said Thursday.

The DOE has resisted publishing the four standards, which cover air conditioners, commercial packaged boilers, air compressors and uninterruptible power supplies, claiming it is still reviewing them. But a unanimous three-judge panel said the department is bound to publish the standards under the Energy Policy and Conservation Act.

According to the department, an EPCA implementation rule that provides 45 days to correct any errors in a final standard does not impose a mandatory duty to actually...

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