Supreme Court Reopens Challenge to Condensing-Only Furnace Mandate
The Plumbing-Heating-Cooling Contractors—National Association applauds a Supreme Court decision released earlier today that vacates the D.C. Circuit’s ruling in AGA v. DOE and sends the case back for further review. HARDI and PHCC had previously filed an amicus brief in the case. While today’s development makes it more likely that the rule could ultimately be overturned, the 95% furnace and commercial water heater rule remains in effect for now. Here’s what Chuck White, PHCC Vice President of Regulatory Affairs, had to say:
“PHCC has long maintained that mandating condensing-only products will present financial burdens for some consumers and is pleased that the U.S. Supreme Court agrees that the decision of the D.C. Circuit was flawed in its process. Vacating and remanding in this instance allows the court to finally get this right.”
Alex Ayers, HARDI Vice President of Government Affairs, added this:
“We are pleased to see the Court and the federal government recognize that the original decision was flawed. Sending the case back to the lower court is a strong step toward ensuring this rule receives the scrutiny it warrants. We have heard significant feedback from our members that moving to condensing-only systems will hurt consumers, and the rule needs to be overturned.”
The Department of Energy has proposed delaying implementation of the rule to allow the litigation to conclude, and both HARDI and PHCC continue to support providing regulatory certainty for their members while the courts complete their review.
