On March 10, the Air-Conditioning, Heating, and Refrigeration Institute (AHRI) filed a petition with the U.S. Court of Appeals for the Fourth Circuit challenging the validity of a Department of Energy (DOE) regulation on Commercial Packaged Boilers.
"AHRI is asking that the Court review the rule because of our belief that the Department overstepped its statutory authority by issuing a rule that will impose an undue and significant burden on boiler manufacturers and consumers," said AHRI President and CEO Stephen Yurek.
Of primary concern to AHRI is that because it ignored legally required procedures, DOE adopted a rule that does not save a significant amount of energy and is not cost effective.
"The Department ignored a statutory requirement that it establish clear and convincing evidence that the rule results in significant energy savings that outweigh the costs imposed. Congress mandated specific protections for rules on commercial equipment, but in this case, DOE wrongly decided that those rules don't apply," said AHRI General Counsel Caroline Davidson-Hood. "We are therefore filing suit to hold the Department accountable and ensure that future rulemakings adhere to statutory requirements."