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  5. 768 F.2d 1355 (1985)
 

NATURAL RES. DEFENSE COUNCIL v. HERRINGTON

Nos. 83-1195, 83-2117, 83-2128, 83-2318, 83-2319 and 84-1055.

768 F.2d 1355 (1985)

NATURAL RESOURCES DEFENSE COUNCIL, INC., Petitioner, v. John S. HERRIGNTON, Secretary, U.S. Department of Energy, Respondent, Hydronics Institute, et al., Florida Department of Community Affairs, Intervenors. CALIFORNIA STATE ENERGY RESOURCES CONSERVATION AND DEVELOPMENT COMMISSION, Petitioner, v. DEPARTMENT OF ENERGY, and John S. Herrington, Secretary of the Department of Energy, Respondents, Hydronics Institute, et al., Florida Department of Community Affairs, Intervenors. NATURAL RESOURCES DEFENSE COUNCIL, INC., et al., Petitioners, v. John S. HERRINGTON, Secretary, U.S. Department of Energy, Respondent, State of Texas, Association of Home Appliance Manufacturers, Whirlpool Corporation, et al., Air Conditioning and Refrigeration Institute, Gas Appliance Manufacturers Assoc., Hydronics Institute, et al., Florida Department of Community Affairs, Intervenors. CALIFORNIA STATE ENERGY RESOURCES CONSERVATION AND DEVELOPMENT COMMISSION, Petitioners, v. DEPARTMENT OF ENERGY, and John S. Herrington, Secretary of the Department of Energy, Respondents, Association of Home Appliance Manufacturers, Whirlpool Corporation, Gas Appliance Manufacturers Assoc., Air-Conditioning and Refrigeration Institute, Intervenors. The STATE OF MINNESOTA, by Its Attorney General, Hubert H. HUMPHREY III, Petitioner, v. the UNITED STATES DEPARTMENT OF ENERGY, John S. Herrington, Secretary, Respondent. STATE OF NEW YORK, Petitioner, v. UNITED STATES DEPARTMENT OF ENERGY, Respondent, Whirlpool Corporation & Heil-Quaker Corporation, Air-Conditioning and Refrigeration Institute, Gas Appliance Manufacturing Assoc., Association of Home Appliance Manufacturers, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 16, 1985.

As Amended July 16, 1985.

Attorney(s) appearing for the Case

Alan S. Miller, Washington, D.C., with whom David B. Edelson, San Francisco, Cal., and William B. Churchill, Austin, Tex., were on brief, for petitioners Natural Resources Defense Council, et al.

Jonathan Blees, Sacramento, Cal., with whom William M. Chamberlain, Gregory Wheatland, Sacramento, Cal., Thomas Barrett, Robert Abrams, Peter Bienstock and Samuel A. Cherniak, New York City, were on brief, for petitioners Cal. State Energy Resources Conservation and Development Com'n.

Susan V. Cook, Atty., Dept. of Justice, Washington, D.C., for respondent John S. Herrington, Secretary, Dept. of Energy.

Paul M. Laurenza and John A. Hodges, Washington, D.C., with whom William C. Brashares, Charles A. Samuels, Washington, D.C., Louis R. Paulick, Pittsburgh, Pa., Patricia J. Beneke, Washington, D.C., and Theodore F.T. Corlius, were on brief, for intervenors Ass'n of Home Appliance Mfrs., et al. Edward W. Hengerer, John H. Korns, Stephen O. Houck and W. DeVier Pierson, Washington, D.C., entered appearances for intervenors Ass'n of Home Appliance Mfrs., et al.

Paul Sexton, Tallahassee, Fla., was on brief and Bruce W. Renard, Tallahassee, Fla., entered an appearance for intervenor Fla. Dept. of Community Affairs.

Douglas E. Kliever, Washington, D.C., entered an appearance for intervenors Hydronics Institute, et al., in Nos. 83-1195 and 83-2117.

David R. Richards and William B. Churchill, Austin, Tex., entered appearances for intervenor State of Texas.

William F. Gary, Salem, Or., was on brief for amicus curiae State of Or. urging reversal in Nos. 83-1195, 83-1195, 83-2117, 83-2128, 83-2318 and 83-2319.

Frank W. Ostrander, Portland, Or., William R. Cook, Bernard Nash and Edward G. Modell, Washington, D.C., were on brief for amicus curiae Northwest Power Planning Council urging reversal in Nos. 83-1195, 83-2117, 83-2128 and 83-2319.

Diane L. McIntire, Washington, D.C., entered an appearance for amicus curiae Iowa State Commerce Com'n urging reversal in Nos. 83-1195, 83-2117, 83-2128, 83-2318 and 83-2319.

Before WALD and BORK, Circuit Judges, and McGOWAN, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge WALD.

                                  CONTENTS

                                                                            Page

I.   BACKGROUND ............................................................ 1364

II.  DOE'S DEFINITION OF "SIGNIFICANT CONSERVATION OF ENERGY" .............. 1369

     A. The Development of DOE's Definition ................................ 1369

     B. The Validity of DOE...

                    
                    
                    

                        

                            

                                
                            

                            

                                

                                    
    
                                        
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