ELR Citation: 52 ELR 20012
No(s). 20-106 (D.C. Cir. Jan 18, 2022)

The D.C. Circuit remanded DOE's 2020 rule that set more stringent energy efficiency standards than those of the American Society of Heating, Refrigerating and Air-Conditioning Engineers for commercial packaged boilers. Industry groups argued, among other things, that the Department inflated the economic value of the more stringent standard by attributing to a new regulation economic benefits that would be realized without one, and used energy prices in its life-cycle cost analysis that did not reflect the marginal prices paid by purchasers of commercial packaged boilers. The court found it was not reasonable for DOE to conclude that clear and convincing evidence supported adoption of a more stringent standard, as required by the Energy Policy and Conservation Act. It remanded the rule to DOE to take appropriate remedial action within 90 days.