The Fifth Circuit has set aside Biden-era energy efficiency standards for stoves and cooktops

The Fifth Circuit has set aside Biden-era energy efficiency standards for stoves and cooktops, ruling that the Energy Department illegally refused to withdraw the rule after states raised objections requiring ordinary notice-and-comment rulemaking. Judge Oldham accused the Biden administration of trying to “dodge” controversy, said DOE’s interpretation made a “mindless hash” of Congress’s scheme, and called its concession that CA, MA, and NY do not fairly represent the states “the understatement of the day.” The ruling could significantly limit DOE’s use of direct final rules. The Fifth Circuit held they are for consensus regulations, must be withdrawn when objections provide...