The AHRI has asked to intervene in two lawsuits dealing with the Energy Department’s proposed efficiency standards for commercial boilers.
The identical federal lawsuits, filed in northern California, ask the department to compete its rulemaking on a number of energy efficiency standards that were put out as drafts in the waning days of the Obama administration. The lawsuits were brought by the National Resources Defense Council, Sierra Club, 11 states’ attorneys general and a city attorney.
Since the inauguration of President Donald Trump, the proposals have been part of a hold on regulations issued by the White House. Many of the suggested rules have not been published for a 45-day public review, which was mandated in 2016 by the settlement of a lawsuit filed by the Air-Conditioning, Heating and Refrigeration Institute over proposed walk-in cooler and freeze regulations.
"AHRI's interest in this lawsuit lies in the defined breadth and scope of the error-correction rule, which was the result of our settlement with DOE in prior litigation," said AHRI President and CEO Stephen Yurek. "Because this lawsuit will likely result in a determination of DOE's ability to modify or withdraw pre-published rules, our industry requires a seat at the table if and when discussions take place."
The NRDC, Sierra Club and other plaintiffs say that under the correction rule, pre-published rules can only be changed to correct faulty math or typos and they must be finalized at the end of the 45-day review.
“Our motion will ensure that we are a participant in all relevant discussions and that we retain the ability to advocate for greater flexibility and greater stakeholder engagement in DOE’s rulemaking process,” Yurek said.