Obtained a court win from the D.C. Circuit on appeal for our client, APGA, which challenged a 2020 appliance efficiency rule promulgated by the Department of Energy’s (DOE) concerning commercial packaged boilers commonly used to heat commercial and institutional buildings such as schools, hotels, office and apartment buildings, and hospitals. The court vacated the rule because the agency failed to adhere to proper notice and comment under the Administrative Procedure Act and because it failed to explain adequately the economic justification for the rule.
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