ELR Citation: 43 ELR 20034
No(s). 10-1113 (D.C. Cir. Feb 8, 2013)

The D.C. Circuit vacated and remanded a DOE rule requiring decorative fireplaces to meet certain energy efficiency standards under the Energy Policy and Conservation Act. The rule defined "vented hearth heater" to include both decorative fireplaces and fireplace heaters, thereby subjecting both to the Act's energy efficiency standards. But Congress did not intend for the phrase "vented hearth heater" to encompass decorative fireplaces as that term is traditionally understood. Decorative fireplaces were not designed to heat rooms—never mind heat them efficiently. The court, therefore, vacated the entire statutory definition of vented hearth heater and remanded the rule for DOE to interpret the challenged provisions consistent with the court's opinion. If DOE still wishes to regulate decorative fireplaces, it must do so through the EPCA’s catchall provision, §6292(a)(20).