Court Issues Amended Opinion On CEC Regulations

July 29, 2005
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ARLINGTON, Va. - The 9th U.S. Circuit Court of Appeals issued an amended opinion on June 3, which upheld its prior decision to overturn the U.S. District Court's permanent injunction against the California Energy Commission's (CEC's) Title 20 appliance efficiency regulations related to federally covered products and equipment (unitary air conditioners, single package vertical units, heat pumps, etc.).

If left unchallenged, the CEC's regulations would require manufacturers of federally covered products to comply with California specific information filing, marking, and certification requirements. If a manufacturer did not comply with these requirements, its products could not be sold or installed in California even though the products complied with all federal requirements.

Air-Conditioning and Refrigeration Institute (ARI), along with the Association of Home Appliance Manufacturers (AHAM), the Gas Appliance Manufacturers Association (GAMA), and the National Electrical Manufacturers Association (NEMA), have filed for a stay of the 9th Circuit's decision pending the filing for review of the 9th Circuit's decision by the U.S. Supreme Court.

If a stay should be granted, the District Court's injunction will remain in place until the Supreme Court reaches a final decision.

Publication date: 08/01/2005

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