States, environmentalists challenge Process Rule amendments

Two petitions were filed in the Ninth Circuit Court of Appeals challenging DOE’s Process Rule amendments, one on behalf of 13 states and the other by the Natural Resources Defense Council (NRDC) and other public interest groups. The Process Rule outlines how DOE will set new efficiency standards under the Energy Policy and Conservation Act (EPCA). Petitioners expressed concerns that the Process Rule requirements make it difficult to consider stricter standards. NAFEM has been involved with DOE in making improvements to the rulemaking process, including filing of comments on drafts of the Process Rule amendments. NAFEM views the amendments favorably and believes they will reduce unnecessary regulatory burden.