AIR CONDITIONING & REFRIG. v. ENERGY RESOURCES

No. 03-16621.

397 F.3d 755 (2005)

AIR CONDITIONING AND REFRIGERATION INSTITUTE; Gas Appliance Manufacturers Association; Association of Home Appliance Manufacturers; National Electrical Manufacturers Association, Plaintiffs-Appellees, v. ENERGY RESOURCES CONSERVATION AND DEVELOPMENT Commission; William J. Keese, Chairman; Robert Pernell, Commissioner; Aurthur H. Rosenfeld, Commissioner; James D. Boyd, Commissioner; John L. Geesman, Commissioner, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed February 3, 2005.


Attorney(s) appearing for the Case

William M. Chamberlain, Jonathan Blees, Monica Schwebs, Paul A. Kramer, Jr., William W. Westerfield III, Sacramento, CA, for the appellants.

John A. Hodges, Bruce L. McDonald, Dineen Pashoukos Wasylik, Peter J. Riehm, Wiley Rein & Fielding LLP, Washington, D.C., for the appellees.

Before: B. FLETCHER, NOONAN, and THOMAS, Circuit Judges.


THOMAS, Circuit Judge.

This case presents the question of whether federal law preempts California's appliance regulations requiring appliance manufacturers to submit data about their appliances to California's Energy Resources Conservation and Development Commission ("Commission"), mark their appliances with basic information such as brand name and energy performance, and be subjected to related compliance and enforcement rules. We conclude that federal

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