WASHINGTON—The Competitive Enterprise Institute (CEI) filed an amicus brief with the Fifth Circuit Court of Appeals last week, supporting Louisiana and a group of states challenging the Biden Administration’s proposed revocation of a rule providing for more effective dishwashers with faster cycle times.
In Louisiana et al. v Department of Energy, Louisiana and 11 states are challenging the Department of Energy (DOE) decision in 2021 to reconsider a 2020 DOE rule allowing a new class of dishwashers that are more effective and complete a cycle in less time. DOE put forward the 2020 rule allowing for faster and more effective dishwashers in response to a 2018 petition for rulemaking by CEI. The CEI petition was based on industry data, the law, and evidence of public support for a new class of faster and more effective dishwashers.
In its amicus brief, CEI argues:
CEI asked DoE to consider finalizing standards for these new classes in this rulemaking, even if DoE thought the original rulemaking process was flawed. 87 FR 2673, 2683. Because DoE did not dispute the demonstrated public utility that Congress asked DoE to consider, CEI argued that DoE should follow its own procedures by issuing standards for the new product classes. DoE rejected this proposal, arguing that it lacked the “time and resources” necessary to analyze the products that it had previously examined only a year prior. Id. DoE also justified this rejection because of the lack of products in the market for these new classes; this second justification is a non-sequitur because DoE’s regulatory powers allow it to serve as a market gatekeeper. The obvious reason for the absence of such products, as acknowledged by DoE, was “due to the uncertainty in the market about these product classes and energy conservation standards.”
This Court should grant the petition for review and set aside the repeal of the faster appliance rules as arbitrary and contrary to law.