HVAC Breaking News

May 3, 2013: Court Will Consider HARDI’s Request to Continue Regional Standards Lawsuit

WASHINGTON — The U.S. Court of Appeals for the D.C. Circuit has referred the Heating, Air-conditioning, and Refrigeration Distributors International (HARDI) motion to continue the regional standards lawsuit to a merits panel for further review.

HARDI seeks to substitute itself as the petitioner in the case, to challenge the U.S. Department of Energy’s (DOE’s) regional standards for central air conditioners and heat pumps, in addition to the furnace standard.

“Despite the government’s efforts to prevent our client, Heating, Air-conditioning, and Refrigeration Distributors International, from making its case, the U.S. Court of Appeals for the D.C. Circuit has rightly afforded HARDI the opportunity to be heard,” said Dan Epstein, executive director of Cause of Action, which is representing HARDI. “By sending this case to a merits panel for further briefing, the D.C. Circuit has given HARDI a chance to explain how the Department of Energy’s abuse of the Direct Final Rule process has real costs on thousands of HVAC distributors and therefore millions of Americans.”

“We have long believed that this regulation would have a negative impact on the many small businesses in the HVAC industry. The DOE’s abuse of process in establishing the standard is a classic example of why the small business community is frustrated with Washington,” said Jon Melchi, director of government affairs of HARDI. “We are pleased that we will have an additional opportunity to state our case and protect our members.”

The court document is available here.

Publication date: 4/29/2013

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