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HEARTH, PATIO & BARBECUE v. U.S. DEPT. OF ENERGY

Nos. 10-1113, 10-1181, 12-1010, 12-1014.

706 F.3d 499 (2013)

HEARTH, PATIO & BARBECUE ASSOCIATION, et al., Petitioners v. UNITED STATES DEPARTMENT OF ENERGY, Respondent Natural Resources Defense Council, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided February 8, 2013.

Attorney(s) appearing for the Case

Barton D. Day argued the cause for petitioners. With him on the briefs were John A. Hodges , Eric Andreas , Thomas R. McCarthy , William D. Blakely , and Lauren Desantis-Then .

H. Thomas Byron III , Attorney, United States Department of Justice, argued the cause for respondent. With him on the brief were Gregory H. Woods , General Counsel, Department of Energy, Daniel Cohen , Assistant General Counsel, Eric Stas , Bettina Mumme , Attorneys, Stuart F. Delery , Acting Assistant Attorney General, Michael S. Rabb , Attorney, United States Department of Justice.

Timothy D. Ballo was on the brief for intervenor Natural Resources Defense Council in support of respondent. With him were Benjamin Longstreth and Katherine Kennedy .

Dissenting opinion by Senior Circuit Judge RANDOLPH.

BROWN, Circuit Judge:

Petitioners Hearth, Patio & Barbecue Association ("HPBA") and National Propane Gas Association ("NPGA") seek review of two recently promulgated rules that petitioners believe expanded the Energy Policy and Conservation Act ("EPCA"), 42 U.S.C. § 6201 et seq., to include decorative fireplaces.1 Among other challenges, HPBA alleges the Department of Energy's ("DOE") interpretation of decorative fireplaces as...

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