Alliance for Water Efficiency v. U.S. Department of Energy

The Seventh Circuit Court of Appeals granted Alliance for Water Efficiency’s motion for voluntary dismissal of a proceeding challenging the U.S. Department of Energy’s (DOE’s) December 2020 promulgation of a rule amending the regulatory definition of “showerhead” in DOE’s energy conservation standards after the Biden administration reinstated the previous definition in December 2021. The December 2020 definition allowed each showerhead in a product containing multiple showerheads to be considered separately for purposes of determining compliance with the 2.5 gallon per minute maximum water use threshold. In its December 2021 rule, DOE determined that the December 2020 definition was inconsistent with the Energy Policy and Conservation Act’s purposes of energy and water conservation.

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The Seventh Circuit Court of Appeals denied petitioners’ motion for a stay pending appeal in the case challenging the U.S. Department of Energy (DOE) final rule revising the definition for “showerhead” and adding definitions for “body spray” and “safety shower showerhead” in the energy conservation standards for consumer products. DOE had indicated that it was reviewing the rule pursuant to President Biden’s <a href="https://www.federalregister.gov/d/2021-01765">Executive Order 13990</a>.

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The Seventh Circuit transferred a case challenging new product classes for residential clothes washers and consumer clothes dryers in the Department of Energy’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. The response to the stay motion for the showerhead rule was due on March 8. 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>.

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