Sean Lev, John Hodges, and Jason Neal recently co-authored a Law360 article analyzing the potential legal conflicts between the Trump administration’s efforts to roll back federal energy efficiency standards and state efforts to preserve those requirements.
The authors discuss the Department of Energy’s (DOE) proposed reductions to energy efficiency standards and the potential for states to reinstate previous standards through backstop provisions in “DOE Energy Efficiency Rollbacks Portend Clashes With States.” They evaluate key legal questions involving the Energy Policy and Conservation Act, including its anti-backsliding and federal preemption provisions, as well as the potential impact of pending federal legislation on state regulatory authority.
These developments could create significant legal uncertainty and potential litigation over the authority of federal and state regulators. The article highlights the importance of monitoring evolving federal and state energy efficiency requirements and understanding their potential implications for manufacturers and other industry stakeholders.
Read the full article on Law360 (subscription required) or download the PDF.