Jurisdiction: California, Connecticut, Maine, Nevada, New Jersey, New York, Vermont
The Natural Resources Defense Council (NRDC) and multiple states challenged the Department of Energy (DOE)’s decision to promulgate new, lower efficiency standards for certain consumer appliances. Petitioners contended that the anti-backsliding provisions of the ECPA preclude such reductions. The DOE asserted that it may determine the date when the anti-backsliding provision takes effect, and until then it may reduce any efficiency standard that has not taken effect. The court held that the DOE is under statutory mandate to not reduce efficiency standards that are already promulgated in the Federal Register. The court emphasized that the DOE would even be barred from removing these standards under the Administrative Procedures Act.
Citation: NRDC v. Abraham, 355 F.3d 179 (2nd Cir. 2004)