by Ben Lieberman
November 14, 2002

Full Legal Brief Available in PDF Format

United States Court of Appeals
for the
Second Circuit

NATURAL RESOURCES DEFENSE COUNCIL, PUBLIC UTILITY LAW PROJECT, STATE OF CONNECTICUT, STATE OF VERMONT, STATE OF MAINE, STATE OF NEW JERSEY, STATE OF NEVADA, STATE OF CALIFORNIA, CONSUMER FEDERATION OF AMERICA & STATE OF NEW YORK

Petitioners,

-against-

SPENCER ABRAHAM, As Secretary of the United States Department of Energy
& UNITED STATES DEPARTMENT OF ENERGY,

Respondents,

(For Continuation of Caption See Inside Cover)    

PETITIONS FOR REVIEW OF UNITED STATES
DEPARTMENT OF ENERGY RULES

BRIEF AMICUS CURIAE OF THE COMPETITIVE ENTERPRISE INSTITUTE, ENERGY MARKET & POLICY ANALYSIS, INC., CONSUMER ALERT, COMMITTEE FOR A CONSTRUCTIVE TOMORROW, NATIONAL TAXPAYERS UNION,  SMALL BUSINESS SURVIVAL COMMITTEE, AND THE SENIORS COALITION  IN SUPPORT OF RESPONDENTS

       Sam Kazman*
       Ben Lieberman
       Competitive Enterprise Institute
       1001 Connecticut Ave, NW, Suite 1250
       Washington D.C. 20036
       (202) 331-1010
        
       Attorneys for Amici
       * Counsel of Record
           
- and -

AIR-CONDITIONING & REFRIGERATION INSTITUTE, STATE OF NEW HAMPSHIRE, TEXAS RATEPAYERS’ ORGANIZATION TO SAVE ENERGY, COMMONWEALTH OF MASSACHUSETTS, MASSACHUSETTS UNION OF PUBLIC HOUSING TENANTS, NATIONAL ASSOCIATION OF REGULATORY UTILITY COMMISSIONERS, AND STATE OF RHODE ISLAND,

        Intervenors.

INTRODUCTION

The undersigned organizations represent a broad cross-section of public interest groups, and have a cumulative membership in excess of four million.  We submit this Brief Amicus Curiae in support of Respondent Department of Energy (DOE).

Several Petitioners and Intervenors in this action claim to represent the interests of consumers, among others, in their attempt to reinstate the more onerous SEER 13 energy conservation standard for central air-conditioners and heat pumps.   After reviewing their briefs, however, we would like to bring to this Court’s attention several anti-consumer implications of SEER 13 that were not adequately addressed.   As will be discussed below, it is the SEER 12 standard now being defended by DOE, and not SEER 13, that better serves the interests of consumers and complies with the applicable statutory requirements.

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