California v. U.S. Department of Energy

In Ninth Circuit cases challenging U.S. Department of Energy (DOE) procedures for adopting energy conservation standards for appliances, the parties filed a consent motion seeking to hold the cases in abeyance for 150 days while the agency reviews the rules pursuant to President Biden's <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>. DOE included the rules in the <a href="https://www.energy.gov/sites/prod/files/2021/02/f82/eere_eo13990_memo_1.pdf">list of 13 rules</a> it is reviewing pursuant to the executive order.

The U.S. Department of Energy (DOE) asked the court to consolidate petitions for review filed by states and cities and by nonprofit organizations. In addition, DOE asked the court to hold the case in abeyance until DOE issue a final rule on the "walk-down" approach.

Thirteen states, New York City, and the District of Columbia filed a petition for review in the Ninth Circuit seeking review of the U.S. Department of Energy’s final rule establishing procedures for new or revised energy conservation standards and test procedures for consumer products and commercial/industrial equipment.