CALIFORNIA ENERGY COMMISSION, Petitioner,
v.
DEPARTMENT OF ENERGY, Respondent,
The Association of Home Appliance Manufacturers, Respondent-Intervenor.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted November 17, 2008.
October 28, 2009.
Attorney(s) appearing for the Case
Jonathan Blees, Assistant Chief Counsel, Sacramento, CA, for the petitioner.
H. Thomas Byron, III, Civil Division, United States Department of Justice, Washington, D.C., for the respondent.
Charles A. Samuels, Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, PC, Washington, D.C., for the intervenor-respondent.
S. David Hotchkiss, Assistant City Attorney, Los Angeles, CA, for amicus curiae City of Los Angeles; Kristin Grenfell, San Francisco, CA, for amicus curiae Natural Resources Defense Council; Arlen Orchard, Sacramento, CA, for amici curiae Sacramento Municipal Utility District and California Municipal Utilities Association; Jose E. Guzman, Jr., Nossaman, Gunthner, Knox & Elliott, LLP, San Francisco, CA, for amicus curiae California Water Association; Joseph M. Mattingly, Stephen R. Yurek, Arlington, VA, for amici curiae Gas Appliance Manufacturers Association, Inc, and Air-Conditioning and Refrigeration Institute, Inc.; and Karen L. Tachiki, Los Angeles, CA, for amicus curiae Metropolitan Water District of Southern California.
Before: WILLIAM C. CANBY, JR. and KIM McLANE WARDLAW, Circuit Judges, and DAVID G. TRAGER, District Judge.
United States Court of Appeals, Ninth Circuit.
CANBY, Circuit Judge:
The California Energy Commission ("CEC") petitions for review of an order of the U.S. Department of Energy ("DOE") denying CEC's request for a waiver of preemption under the Energy Policy and Conservation Act ("EPCA"), 42 U.S.C. § 6297. The CEC sought this waiver in order to establish water efficiency standards for residential clothes washers, as set forth in its state regulations, Cal.Code Regs...
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