ELR Citation: 53 ELR 20102
No(s). 22-1107 (D.C. Cir. Jul 7, 2023)

The D.C. Circuit vacated DOE's 2020 rule establishing more stringent energy efficiency standards for commercial packaged boilers, and its 2022 supplemental document responding to the court's previous remand order that it address comments raised during the rulemaking process. Industry groups argued DOE failed to adequately explain its reasoning as required on remand, that it should have provided an opportunity for notice and comment before it filed the supplemental document, and that the supplemented rule failed to meet the "clear and convincing" standard required by the Energy Policy and Conservation Act. The court found DOE should have provided public notice and an opportunity to comment on the rule as supplemented because of its reliance on new literature and empirical evidence, and that the Department failed to provide a sufficient explanation in its response to comments challenging a key assumption—that a commercial building uses an average of 30 BTUs per hour for every square foot of heated area. It vacated the rule and supplemental document, and remanded to DOE for further proceedings.