What is about to happen in less than a year has been a known fact since Jan. 13, 2004. It was at this time that the courts ruled that the U.S. Department of Energy (DOE) did not have the power to enact its 12 SEER standard.
To be more accurate, on this date, the 2nd U.S. Circuit Court of Appeals ruled that the DOE, in enacting the 12 SEER standard after the original 13 standard had been approved, "failed to effect a valid amendment of the original standard's effective date, and as a consequence, was thereafter prohibited from amending those standards downward."
Sure, the industry could have challenged such a ruling, but it opted not to, due mainly to the timing. On March 17, 2004, the Air-Conditioning and Refrigeration Institute (ARI) announced that the trade association withdrew its challenge. While ARI was seeking a 12 SEER standard, time was just not on its side.