ELR Citation: 54 ELR 20008
No(s). 22-60146 (5th Cir. Jan 8, 2024)

The Fifth Circuit granted several states' petition to review DOE's 2022 rule repealing two 2020 rules concerning efficiency standards for dishwashers and washing machines. The states argued the repeal rule, which deleted the appliance categories for shorter-duration dishwashers and washing machines created by the 2020 rules, was arbitrary and capricious. The court found it unclear how or why DOE thought it had statutory authority to regulate "water use" in appliances, since the Energy Policy and Conservation Act does not seem to consider both energy use and water use of a product. But even assuming it had authority, the repeal rule failed to adequately consider appliance performance, substitution effects, and evidence that the conservation standards were causing Americans to use more energy and water rather than less; and it relied on a premise that the 2020 rules were legally invalid, which even if true did not excuse DOE from considering other remedies short of repealing the rules. It granted the petition and remanded to DOE for further proceedings.