Sean Lev, John Hodges, and Jason Neal recently co-authored a Law360 article titled “Why DOE Isn’t Phasing Out Appliance Efficiency Regs,” analyzing the U.S. Department of Energy’s recent actions implementing President Trump’s regulatory sunsetting initiative and what they mean for federal appliance and equipment energy efficiency regulations.
The authors discuss key issues arising from DOE’s decision not to apply sunset provisions to appliance efficiency regulations, including the role of the Energy Policy and Conservation Act’s anti-backsliding provision, ongoing rulemakings to rescind or revise efficiency standards, and pending legislation that could significantly reshape the federal energy efficiency program. They also explain how DOE may continue advancing its deregulatory agenda through targeted regulatory and legislative actions rather than broad sunset provisions.
Together, these developments highlight the evolving landscape of federal energy-efficiency regulation and underscore the need for stakeholders to remain engaged as DOE and Congress continue to consider significant changes to the program.
Read the full article on Law360 (subscription required) or download the PDF.