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Overview of DOE's Initial Final Rules and HPBA's Successful Legal Challenge

The U.S. Department of Energy (DOE) issued final regulations on April 16, 2010, that regulated the energy efficiency of all heater-rated and decorative gas fireplaces – regulating all as room heaters, essentially banning the sale of decorative gas fireplaces. HPBA sued DOE in the U.S. Court of Appeals in the D.C. Circuit May, 2010, followed by settlement negotiations that lasted for one year.

DOE then issued a second Final Rule on November 22, 2011 that continued to improperly classify decorative vented gas fireplaces and, for the first time, vented gas log sets as direct heating equipment. The existing rule, along with the new proposal, was a direct threat to the existence of decorative gas fireplaces and gas log sets. On February 8, 2013, the D.C.Circuit Court of Appeals ruled in favor of HPBA’s position, striking down both of DOE’s rules.

 


HPBA v. DOE Legal Briefs

All briefs submitted on both cases against the U.S. Department of Energy (DOE) can be found listed in reverse chronological order below. This list includes submissions from HPBA, DOE, Natural Resources Defense Council (NRDC), and National Propane Gas Association (NPGA).

HPBA/NPGA: Opening Brief of Petitioners Hearth, Patio & Barbecue Association and National Propane Gas Association (April 23, 2012)

NRDC: Intervenor Natural Resources Defense Council's Opposition to Petitioners' Joint Motion for Increase in Word Limitations for Briefs (April 2, 2012)

HPBA/NPGA: Petitioners' Joint Motion For Increase in Word Limitations for Briefs (March 27, 2012)

HPBA: Reply in Support of Petitioners' Motion to Hold in Abeyance (February 17, 2012)

NRDC: Motion to Intervene by Natural Resources Defense Council in Support of Respondents (February 6, 2012)

DOE: Reply in Support of Respondents' Motion to Dismiss as Moot or Consolidate (February 6, 2012)

HPBA: Petitioners' Opposition to Respondents' Motion to Dismiss as Moot (February 1, 2012)

HPBA: Petitioners' Motion to Hold in Abeyance (January 30, 2012)

U.S. Court of Appeals: Grants the motion to hold briefing in abeyance (January 30, 2012)

HPBA: Petitioners' Opposition to Respondents' Motion to Consolidate With Pending Cases and Request for Leave to File a Motion to Dismiss Out of Time (January 27, 2012)

DOE: Reply in Support of Respondents' Motion to Hold Briefing in Abeyance or Alternatively for a 14-Day Extension of Briefing Deadline (January 24, 2012)

HPBA: Petitioner's Opposition to Respondent's Motion to Hold Briefing in Abeyance or Alternatively for a 14-Day Extension of Briefing Deadline (January 23, 2012)

DOE: Respondents' Motion to Dismiss as Moot or Consolidate With Pending Cases (January 19, 2012)

DOE: Respondents' Motion to Hold Briefing Schedule in Abeyance or Alternatively for a 14-Day Extension of Briefing Deadline (January 19, 2012)

HPBA: Petition for Review (January 6 2012)

HPBA: Opening Brief (January 3, 2012)

U.S. Court of Appeals: Establishes Briefing Schedule ( September 26, 2011)

DOE: Reply in Support of Respondents' Motion to Continue Holding Case in Abeyance Pending Further Rulemaking (August 1, 2011)

HPBA: Petitioner's Reply to Intervenor's Opposition to Petitioner's Motion for a Briefing Schedule (August 1, 2011)

Natural Resources Defense Council (NRDC): Intervenor's Opposition to Petitioner's Motion for a Briefing Schedule (July 21, 2011)

HPBA: Respondents' Opposition to Petitioner's Motion for a Briefing Schedule (July 18, 2011)

DOE: Respondents' Motion to Continue Holding Case in Abeyance Pending Further Rulemaking (July 15, 2011)

HPBA: Petitioner's Motion for an Order Promptly Removing This Case from Abeyance and Setting a Briefing Schedule Facilitating a Timely Decision on the Merits (July 8, 2011)

HPBA: Joint Unopposed Motion to Hold Proceedings in Abeyance to Accommodate Settlement Discussions (July 20, 2010)

HPBA: Statement of Issues (July 1, 2010)

HPBA: Petition for Review (May 27, 2010)

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