AHRI has decided not to back HARDI’s petition to continue the regional standards lawsuit for the a/c side. What was the reasoning behind the decision?
The Air-Conditioning, Heating, and Refrigeration
Institute (AHRI) has filed a motion in opposition to the one filed by HARDI to
be substituted as a petitioner in the American Public Gas Association (APGA) v.
U.S. Department of Energy (DOE) lawsuit. The AHRI motion was filed with the
D.C. Circuit Court of Appeals.
HARDI’s motion was made in response to the Court’s
consideration of a settlement of the lawsuit that would result in the furnace
rule being vacated and DOE initiating a new rulemaking to set new efficiency
standards for residential furnaces. AHRI
was joined by the environmental advocacy groups and DOE in separate filings in
opposition to HARDI’s motion.
AHRI’s motion argues that HARDI’s motion would result in
an undue burden on manufacturers, as extensive time and capital investments are
required to comply with the new energy efficiency standards, which were
proposed by AHRI and the efficiency advocates as part of a consensus agreement
and promulgated by DOE under authority of the Energy Policy and Conservation
According to AHRI, if granted, HARDI’s motion would
expand the scope of the litigation beyond the claims made by APGA in filing the
lawsuit, which was specifically limited to the residential furnace standards in
the direct final rule. AHRI said it
supports the efficiency standards in the final rule. The association’s members
are concerned that regulatory and litigation delays have severely limited the
time for manufacturers to prepare to meet the compliance deadlines.