California v. U.S. Department of Energy

Motion to stay briefing schedule until February 1, 2022 granted.

The Second Circuit Court of Appeals denied a motion to stay a U.S. Department of Energy (DOE) rule adopted in December 2020 that created new product classes for short-cycle washers and dryers in the energy conservation program. The court found that the petitioners—who had argued that excessive consumption of energy and water by short-cycle washers and dryers sold due to the rule would constitute substantial and irreparable harm—did not make a sufficient showing of irreparable injury absent a stay. The Second Circuit also granted the petitioners’ motion to stay briefing until October 1, 2021 to allow DOE to proceed with reconsideration of the rule. DOE represented that it expected to complete reconsideration by the end of 2021.