California v. U.S. Department of Energy

The Seventh Circuit transferred a case challenging new product classes for residential clothes washers and consumer clothes dryers in the Department of Energy’s (DOE's) energy conservation program to the Second Circuit, where another challenge to the rule was pending. A challenge to another DOE rule—which adopted a revised definition for “showerhead” and added definitions for “body spray” and “safety shower showerhead”—remained pending in the Seventh Circuit. Petitioners moved for stays of both rules pending review. Both rules are on DOE’s <a href="https://www.energy.gov/sites/prod/files/2021/02/f82/eere_eo13990_memo_1.pdf">list of rules</a> that it is reviewing pursuant to <a href="https://www.federalregister.gov/documents/2021/01/25/2021-01765/protecting-public-health-and-the-environment-and-restoring-science-to-tackle-the-climate-crisis">Executive Order 13990</a>.

Alliance for Water Efficiency, U.S. Public Interest Research Group, and Environment America filed two petitions for review in the Seventh Circuit Court of Appeals challenging final energy conservation rules adopted by the U.S. Department of Energy in December 2020 for showerheads and for residential clothes washers and consumer clothes dryers. The showerhead rule adopted a revised definition for “showerhead” pursuant to which each showerhead in a product with multiple showerheads is considered separately for purposes of determining compliance with energy conservation standards. The rule also added definitions for “body spray” and “safety shower showerhead” to clarify which products are not subject to the energy conservation standard for showerheads. The washers and dryers rule created new “short cycle” product classes for washers and dryers that take less time for a normal cycle. The current energy conservation standards do not apply to the new product classes. In a <a href="https://environmentamerica.org/news/ame/leading-advocacy-groups-file-federal-legal-appeals-protect-efficiency-standards-showerheads">press release</a> announcing the lawsuits, a representative for one of the petitioners stated that “it makes absolutely no sense to reverse policies that have successfully lowered our carbon emissions and reduced utility bill costs for Americans.” The washers and dryers rule is on the non-exclusive <a href="https://www.whitehouse.gov/briefing-room/statements-releases/2021/01/20/fact-sheet-list-of-agency-actions-for-review/">list</a> of rules identified by the Biden administration for review under the Executive Order on Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis.