Heating, Air-conditioning & Refrigeration Distributors International (HARDI), in partnership with the Plumbing-Heating-Cooling Contractors Association (PHCC) National Association and the Natural Gas Association of Georgia, has filed an amicus brief urging the U.S. Supreme Court to review the federal court decision in American Gas Association v. U.S. Department of Energy (DOE) that would effectively eliminate non-condensing gas furnaces and certain commercial water heaters from the market.

At issue are DOE’s efficiency standards that would require furnaces and some commercial water heaters to change venting features to accommodate condensation caused by fuel combustion. HARDI and its partners argue that the DOE’s action undermines long-standing statutory protections designed to preserve consumer choice and maintain access to affordable and reliable heating options, particularly in replacement situations that do not meet the more complex venting requirements.

“Millions of homes in the U.S. were built to accommodate non-condensing furnaces,” said Alex Ayers, vice president of government affairs at HARDI. “When those systems fail, homeowners need practical, cost-effective replacement options. Eliminating non-condensing furnaces removes an affordable solution and forces costly renovations that many families aren’t prepared for, and in some instances, the building cannot be retrofitted to accommodate.”

The Energy Policy and Conservation Act (EPCA) prohibits DOE from adopting standards that make product types or performance characteristics unavailable if they are generally available in the market. The associations contend that installation-related attributes, such as compatibility with existing venting systems, qualify as protected performance characteristics under the law.

“This case is about the realities of real-world installations,” said Chuck White, vice president of regulatory affairs at PHCC. “Contractors are the ones who have to explain to homeowners why a simple furnace replacement has suddenly turned into a major renovation project. EPCA was designed to balance efficiency goals with practicality and consumer choice. We are asking the Supreme Court to restore it.”

The brief emphasizes that the issue extends beyond furnaces. The legal interpretation upheld by the lower court could expand DOE’s authority to eliminate other product categories based on efficiency thresholds, even when doing so disrupts installation compatibility and long-standing market availability.

The Supreme Court is expected to decide in the coming months whether it will grant review of the case.