NATURAL RESOURCES DEFENSE COUNCIL, Public Utility Law Project, State of Connecticut, State of Vermont, State of Maine, State of New Jersey, State of Nevada, State of California, Consumer Federation of America & State of New York, Petitioners,
v.
Spencer ABRAHAM, as Secretary of the United States Department of Energy & United States Department of Energy, Respondents, and
Air-Conditioning & Refrigeration Institute, State of New Hampshire, Texas Ratepayers' Organization to Save Energy, Massachusetts Union of Public Housing Tenants, Commonwealth of Massachusetts, National Association of Regulatory Utility Commissioners, & State of Rhode Island, Intervenors.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued January 29, 2003.
Decided January 13, 2004.
Attorney(s) appearing for the Case
Peter H. Lehner, Assistant Attorney General, Albany, N.Y. (Eliot Spitzer, Attorney General, D. Scott Bassinson, Assistant Attorney General, of counsel), for Petitioner State of New York.
Katherine Kennedy, Natural Resources Defense Council, New York, NY, for Petitioners Natural Resources Defense Council, Public Utility Law Project and Consumer Federation of America.
Charles Harak, National Consumer Law Center, Boston, MA, for Intervenors Massachusetts Union of Public Housing Tenants and Texas Ratepayers' Organization to Save Energy.
James T. Bradford Ramsey, General Counsel, Sharla M. Barklind, Assistant General Counsel, National Association of Regulatory Utility Commissioners, Washington, DC, for Intervenor National Association of Regulatory Utility Commissioners.
John A. Hodges, Washington, DC (Bruce L. McDonald, Dineen P. Wasylik, Wiley Rein & Fielding LLP; and Stephen R. Yurek, General Counsel, Air-Conditioning and Refrigeration Institute, Arlington, VA, of counsel), for Intervenor-Respondent Air-Conditioning and Refrigeration Institute.
Wendy H. Schwartz, Assistant United States Attorney, New York, N.Y. (James B. Comey, United States Attorney, Gideon A. Schor, Assistant United States Attorney, of counsel), for Respondents Spencer Abraham, as Secretary of the United States Department of Energy, and United States Department of Energy.
Bill Lockyer, Attorney General, Richard M. Frank, Chief Assistant Attorney General, Public Rights Division, Sacramento, CA, for Petitioner State of California.
Richard Blumenthal, Attorney General, Mark Kindall and Kelly Flint, Assistant Attorneys General, Hartford, CT, for Petitioner State of Connecticut.
William H. Sorrell, Attorney General, Erick Titrud and S. Mark Sciarrotta, Assistant Attorneys General, Montpelier, VT, for Petitioner State of Vermont.
G. Steven Rowe, Attorney General, Paul Stern, Deputy Attorney General, and Gerald D. Reid, Assistant Attorney General, Augusta, Maine, for Petitioner State of Maine.
David Samson, Attorney General, Howard Geduldig, Deputy Attorney General, Trenton, NJ, for Petitioner State of New Jersey.
Thomas F. Reilly, Attorney General, Frederick Augenstern and William L. Pardee, Assistant Attorneys General, Boston, MA, for Intervenor Commonwealth of Massachusetts.
Sheldon Whitehouse, Attorney General, Tricia K. Jedele, Special Assistant Attorney General, Providence, RI, for Intervenor State of Rhode Island.
Frankie Sue Del Papa, Attorney General, Timothy Hay, Chief Deputy Attorney General, Carson City, NV, for Petitioner State of Nevada.
Phiip T. McLaughlin, Attorney General, Amy B. Mills, Attorney, Concord, NH, for Intervenor State of New Hampshire.
Sam Kazman, Ben Lieberman, Competitive Enterprise Institute, Washington, DC, for Amici Competitive Enterprise Institute, Energy Market & Policy Analysis, Inc., Consumer Alert, Committee for a Constructive Tomorrow, National Taxpayers Union, Small Business Survival Committee, and the Seniors Coalition in Support of Respondents.
Arlen Orchard, General Counsel, Sacramento Municipal Utility District, Sacramento, CA, for Amicus Sacramento Municipal Utility District.
Before OAKES and SOTOMAYOR, Circuit Judges.
United States Court of Appeals, Second Circuit.
OAKES, Senior Circuit Judge.
We are called upon in this case to determine when section 325 of the Energy Policy and Conservation Act ("EPCA"), as amended by the National Appliance Energy Conservation Act ("NAECA"), took effect so as to prevent the Department of Energy from amending downward efficiency standards for certain home appliances.
The Natural Resources Defense Council ("NRDC"), the Public Utility Law Project...
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