Republican States Ask Supreme Court To Reverse Ruling That Could Ban Many Natural Gas Appliances

A coalition of 21 Republican-run states is urging the Supreme Court to reverse a lower court ruling that upheld sweeping Biden-era efficiency standards that it claims could eliminate many natural gas appliances from homes across America.The American Gas Association has appealed a November 2-1 decision by the United States Court of Appeals for the District of Columbia Circuit that upheld Department of Energy efficiency standards requiring natural gas furnaces and commercial water heaters to meet performance thresholds that only condensing appliances can satisfy.The states have filed a brief in support of the association’s appeal.Condensing gas furnaces are more efficient and can comply with the new standard, but the association argues that they can create costly installation challenges for the approximately 55 percent of homes with venting systems designed for non-condensing models.Changing systems would be most difficult — and in some cases virtually impossible — for older and space-constrained homes, including rowhomes and townhouses.The association says the lower court ruling in American Gas Association v. U.S. Department of Energy could have broad applications on the interpretation of the 1975 Energy Policy and Conservation Act and lead to further sweeping bans on natural gas appliances through the misuse of efficiency standards. It claims that would go against the Congressional intent of the act, which explicitly bars the Department of Energy from adopting efficiency standards that “result in the unavailability” of products with unique “performance characteristics” currently available to consumers.“The Supreme Court must take up this case and protect the American people from this unlawful regulation that would increase costs for American families and businesses and ban an entire product class of appliances,” the president and chief executive officer of the American Gas Association, Karen Harbert said in a release.The Competitive Enterprise Institute has called on Congress to pass legislation to “place limits on costly and intrusive federal meddling” in home appliances. It supports House Resolution 4626, the “Don’t Mess With My Home Appliances Act.”Congressman Rick Allen introduced the bill last summer.“Under the guise of energy efficiency, the Biden-Harris Administration waged a four-year war on domestic energy and consumer choice, and it was American families that paid the price,” Mr. Allen said in a statement. “From gas stoves, refrigerators, and freezers, to washers, dryers, dish washers, and air conditioners—no household appliance was off limits in their pursuit of a radical rush-to-green agenda. We cannot allow that to happen again.” The act would reform the Department of Energy’s energy efficiency standards process in an effort to protect consumer choice and ensure American companies can continue to innovate.Another bill in the House — the “Homeowner Energy Freedom Act” — would repeal programs from the 2022 Inflation Reduction Act that disfavor the use of natural gas appliances. It would also put an end to federal funding for Green New Deal-style changes to building codes that, critics say, would raise home prices.The sponsor of the energy freedom legislation, Congressman Craig Goldman, claims three provisions in the Biden-era law will cost taxpayers more than $5.7 billion. “Americans should have the freedom to choose how to cook their food and heat their homes,” Mr. Goldman said in a release.His new legislation would eliminate a $4.5 billion home appliance rebate program, end a $200 million appropriation for contractor training grants related to energy efficiency, and claw back $1 billion in financial assistance to states and localities to adopt energy conservation building codes.“These two bills would lower costs and expand consumer choice,” the Competitive Enterprise Institute said. “They are very good news for current homeowners and even better news for those saving to afford their first home.”

Republican States Ask Supreme Court To Reverse Ruling That Could Ban Many Natural Gas Appliances

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