Energy

Home to one of the nation’s largest–and most active–energy efficiency practices, HWG helps clients navigate a wide range of energy efficiency issues and regulations, with particularly extensive experience assisting clients resolve enforcement cases and representing them in litigation at trial and appellate levels.

We offer a full range of energy efficiency law services, including representation before the Department of Energy, the Environmental Protection Agency, the Federal Trade Commission, state agencies such as the California Energy Commission, and trade associations. We also have extensive experience in energy efficiency litigation, at both the trial and appellate levels, and regarding legislative proceedings.

We have represented clients in energy efficiency rulemakings before DOE. We have also represented clients in connection with: DOE efficiency standards, test procedures, and enforcement provisions; Energy Star rules; FTC energy efficiency labeling requirements; state regulations; and trade association certification and compliance programs. We have successfully assisted clients in obtaining waivers, exceptions, and extensions to deal with special situations warranting relief from otherwise applicable regulations.

HWG attorneys have a nuanced understanding of DOE criteria and practice concerning management and settlement of enforcement cases. We have been retained for over 50 DOE enforcement cases during the last five years.

Our clients have included manufacturers and distributors of air conditioning and heating equipment; water heaters; dehumidifiers; refrigerators, freezers, cooking products, and other kitchen equipment; washing machines and dryers; lighting; televisions; mobile phones; computers; network devices; battery chargers; power supplies; and just about every other product subject to energy conservation rules. We have also represented industry trade associations.

Our recent experience in this area includes:

• Representing clients in DOE rulemaking proceedings for residential gas furnaces. room air conditioners, portable air conditioners, and electric motors.
• Representing a trade association in the District of Columbia Circuit challenging a DOE rule for commercial packaged boilers.
• Representing a manufacturer in the Fifth Circuit to challenge a DOE rule for walk-in coolers and freezers.
• Represented a manufacturer in the Seventh Circuit to support a DOE rule for central air conditioners and heat pumps.
• Representing a manufacturer in the Central District of California against a competitor regarding misrepresentation of energy efficiency of tankless water heaters.
• Representing clients in enforcement cases at DOE, including central air conditioners, water source heat pumps, commercial package air conditioners, room air conditioners, dehumidifiers, water heaters, refrigerators, commercial freezers, clothes washers, lamp fixtures, and other products. Negotiated favorable settlements, including ones for central air-conditioning equipment resulting in no imposition of civil penalties.
• Negotiated favorable settlement with the Energy Star program over room air conditioners.
• Represented manufacturers in obtaining waivers from DOE for central air conditioners, room air conditioners, portable air conditioners, commercial refrigeration equipment, and external power supplies.
• Representing a manufacturer in obtaining a 180-day extension for compliance with a DOE test procedure.
• Represented manufacturers on certification of products to the DOE Compliance Certification Management System (CCMS).
• Represented manufacturers in enforcement proceedings before the California Energy Commission regarding plumbing fittings, light emitting diodes, and small diameter directional lamps.
• Represented manufacturers in relation to products tested pursuant to industry certification and compliance programs.
• Drafted proposed amendments to the Energy Policy and Conservation Act for a trade association.

HWG closely monitors activity and changes in the energy efficiency landscape and publishes updates to clients when significant matters arise. A compendium of HWG’s energy updates can be viewed here.

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