ELR Citation: 55 ELR 20152
No(s). 22-1030 (D.C. Cir. Nov 4, 2025)

The D.C. Circuit, 2-1, denied petitions to review DOE's amended energy efficiency standards for consumer furnaces and certain commercial water heaters under the Energy Policy and Conservation Act (EPCA). Trade groups, manufacturers, and energy providers argued the standards would expel from the market non-condensing consumer furnaces and commercial water heaters, which offer unique characteristics and features; that DOE failed to provide adequate economic justification, as required by EPCA, before promulgating the amended standards; and that DOE failed to adhere to EPCA's procedural requirements when promulgating the rule on consumer furnaces. The court found that condensing consumer furnaces and commercial water heaters offered substantially the same performance characteristics and features as non-condensing options, that DOE's economic justification analysis independently and sufficiently supported its conclusion that the amended standards were justified, and that DOE provided a meaningful opportunity for stakeholders to comment on the consumer furnaces rule. It denied the petitions for review.