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Briefs Filed In Error Correction Litigation Appeal
July 24, 2018

The Air Conditioning, Heating, and Refrigeration Institute (AHRI) and the Department of Justice (DOJ), representing the Department of Energy (DOE), have announced that Reply Briefs have been filed with the U.S. Circuit Court of Appeals for the Ninth Circuit in the Error Correction Litigation Appeal. In February 2018, the United States District Court for the Northern District of California in San Francisco issued a ruling requiring DOE to publish four draft energy conservation standards for portable air conditioners, uninterruptible power supplies, commercial package boilers, and commercial air compressors. AHRI and the DoJ appealed the ruling and moved for a stay of the District Court’s mandate. The Ninth Circuit issued the stay pending the appeal, and the parties have now filed their briefs.

The Natural Resources Defense Council (NRDC) and various states attorneys general have argued that the Error Correction Rule, a regulation that provides a 45-day period to permit for public comment on draft rules before their publication, requires that DOE finalize the rules by publishing them in the Federal Register. AHRI and the DoJ have argued that the District Court decision was erroneous because fundamental principles of administrative law grant an agency the discretion to change or withdraw a rule up until the day it is published in the Federal Register and that the Error Correction Rule has no impact on that fundamental discretion. All briefs are now submitted, and the panel of judges will review the merits of the case and decide whether to reverse or uphold the District Court’s decision. It could be one to several months before the panel reaches a decision.

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