NATIONAL ELEC. MFRS. ASS'N v. U.S. DEPT. OF ENERGY

No. 10-1533.

654 F.3d 496 (2011)

NATIONAL ELECTRICAL MANUFACTURERS ASSOCIATION, Petitioner, v. UNITED STATES DEPARTMENT OF ENERGY; United States of America, Respondents. Natural Resources Defense Council, Amicus Supporting Respondents.

United States Court of Appeals, Fourth Circuit.

Decided: August 16, 2011.


Attorney(s) appearing for the Case

ARGUED: John Andrews Hodges , Wiley Rein, LLP, Washington, D.C., for Petitioner. H. Thomas Byron, III , United States Department of Justice, Washington, D.C., for Respondents. ON BRIEF: Clark R. Silcox , National Electrical Manufacturers Association, Rosslyn, Virginia; Eric Andreas , Wiley Rein, LLP, Washington, D.C., for Petitioner. Scott Blake Harris , General Counsel, Daniel Cohen , Assistant General Counsel, Michael Kido , Bettina Mumme , United States Department of Energy, Washington, D.C.; Tony West , Assistant Attorney General, Michael S. Raab , United States Department of Justice, Washington, D.C., for Respondents. Timothy D. Ballo , Earthjustice, Washington, D.C.; Katherine Kennedy , Christine Chang , Natural Resources Defense Council, New York, New York, for Amicus Supporting Respondents.

Petition for review denied by published opinion. Judge KING wrote the majority opinion, in which Judge WYNN joined. Judge SHEDD wrote a dissenting opinion.


OPINION

KING, Circuit Judge:

The National Electrical Manufacturers Association ("NEMA") petitions for review of a final rule promulgated by the United States Department of Energy (the "DOE") setting forth energy conservation standards for electric induction motors ranging in power output from .25 to 3 horsepower. See Energy Conservation Standards for Small Electric Motors: Final Rule, 75 Fed. Reg. 10874 (Mar. 9, 2010) (codified at 10 C.F.R. pt. 431...

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