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California Energy Commmission vs. U.S. DOE

Petition for Exemption Regarding Water Conservation Standards for Residential Clothes Washers

This page lists documents filed relating to the California Energy Commission's Petition for Exemption regarding water conservation standards for residential clothes washers.

Please also see the U.S. Department of Energy's website at:
www.eere.energy.gov/buildings/appliance_standards/state_petitions.html


News media, please contact Energy Commission Assistant Executive Director Claudia Chandler at 916-654-4989.



Documents (In Chronological Order)

Opinion of Ninth Circuit Court of Appeals, posted October 28, 2009. (PDF file, 19 pages, 100 kb)

California Energy Commission's Reply Brief in the Ninth Circuit Court of Appeals, posted January 28, 2008. (PDF file, 40 pages, 152 kb)

Brief for the Respondents, posted January 28, 2008. (PDF file, 56 pages, 304 kb)

Brief of Intervenors, Association of Home Appliance Manufacturers, dated January 7, 2008, posted January 28, 2008. (PDF file, 116 pages, 3.8 megabytes)

Motion to File Brief of Amici Curiae by Gas Appliance Manufacturers Association Inc. and Air-Conditioning and Refrigeration Institute Inc., dated December 5, 2007, posted January 28, 2008. (PDF file, 36 pages, 452 kb)

California Energy Commission's Opening Brief in the Ninth Circuit Court of Appeals challenging DOE's refusal to grant California a waiver of preemption for its water use standards for residential clothes washers, posted September 24, 2007. (PDF file, 62 pages, 199 kb)

News Release: California Energy Commission Files Ninth Circuit Appeal to Uphold State's Washing Machine Efficiency Standards, dated April 24, 2007.

Petition for Review to the U.S. Court of Appeals for the Ninth Circuit, dated April 20, 2007. (PDF file 1, page, 26 kilobytes)

Letter to U.S. Energy Secretary Samuel Bodman Regarding Notice of Civil Suit, dated April 20, 2007. (PDF file, 2 pages, 200 kilobytes)



From U.S. DOE/EERE Website

State Petitions

Summary

Part B of Title III of the Energy Policy and Conservation Act as amended (hereafter "EPCA" or "Act") established the Energy Conservation Program for Consumer Products Other Than Automobiles. (42 U.S.C. 6291-6309) Products covered under the Program and the authority to regulate them, are listed in section 322. (42 U.S.C. 6292) Federal energy efficiency requirements for residential products generally preempt State laws or regulations concerning energy conservation testing, labeling, and standards. (42 U.S.C. 6297(a)-(c)) However, the Department can grant waivers of Federal preemption (hereafter "waiver" or "exemption") for particular State laws or regulations, in accordance with the procedures and other provisions of section 327(d) of the Act. (42 U.S.C. 6243(d)) In particular, section 327(d)(1)(A) of EPCA provides that any State or river basin commission with a State regulation regarding energy use, energy efficiency, or water use requirements for products regulated by the Energy Conservation Program, may petition for an exemption from federal preemption and apply its own State regulation. (42 U.S.C. 6297(d)(1)(A)

California Petition

  • Request for Reconsideration of the California Energy Commission's Petition for Exemption from Federal Preemption of California's Water Conservation Standards for Residential Clothes Washers, January 29, 2007 (PDF 342 KB)
  • Notice of Denial of the California Energy Commission's Petition for Waiver from Federal Preemption of California's Water Conservation Standards for Residential Clothes Washers, Federal Register, December 28, 2006 (PDF 130 KB)
  • Rebuttal Comments of the California Energy Commission, dated May 15, 2006. (PDF 44 kb)
  • The Department of Energy published a Federal Register Notice on February 6, 2006, announcing the filing of the California Energy Commission's Petition for Exemption from Federal Preemption of California's Water Conservation Standards for Residential Clothes Washers, and is requesting written comments, data and information by April 7, 2006 (PDF 108 KB)
  • Petition to Exempt from Preemption California's Water Conservation Standards for Residential Clothes Washers, California Energy Commission letter dated September 13, 2005 (PDF 382 KB)

Note: There are more than 80 separate comments filed by the Energy Commission and other interested parties listed on the DOE/EERE website listed above.