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BLDG. INDUSTRY ASS'N v. WASH. BLDG. CODE COUNCIL

No. 11-35207.

683 F.3d 1144 (2012)

BUILDING INDUSTRY ASSOCIATION OF WASHINGTON; Air America Inc.; BOA Construction Co.; Complete Design Inc.; Airefco Inc.; CVH Inc.; Entek Corp.; Family Home Investments Corp.; Sadler Construction Inc.; Tracy Construction Co., Plaintiffs-Appellants, v. WASHINGTON STATE BUILDING CODE COUNCIL, Defendant-Appellee, NW Energy Coalition; Sierra Club; Washington Environmental Council; Natural Resources Defense Council, Intervenor-Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 25, 2012.

Attorney(s) appearing for the Case

Timothy M. Harris , Tacoma, WA, for plaintiffs-appellants Building Industry Association of Washington, et al.

Ann C. Essko , Assistant Attorney General, Olympia, WA, for Washington State Building Code Council.

H. Thomas Byron, III , United States Department of Justice, Washington, D.C., for amicus curiae United States of America.

Before: MARY M. SCHROEDER and RONALD M. GOULD, Circuit Judges, and RALPH R. BEISTLINE, Chief District Judge.

OPINION

SCHROEDER, Circuit Judge:

The Energy Policy and Conservation Act of 1975 ("EPCA"), 42 U.S.C. § 6295 et seq., as amended, establishes nationwide energy efficiency standards for certain residential home appliances, and expressly preempts state standards requiring greater efficiency than the federal standards. It nonetheless exempts from preemption state building codes promoting energy efficiency, so long as those codes meet certain statutory...

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