AMERICAN PUBLIC GAS ASS'N v. U.S. DEPT. OF ENERGY

No. 20-1068 Consolidated with 20-1072, 20-1100.

22 F.4th 1018 (2022)

AMERICAN PUBLIC GAS ASSOCIATION, Petitioner v. UNITED STATES DEPARTMENT OF ENERGY, Respondent American Gas Association, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided January 18, 2022.


Attorney(s) appearing for the Case

Barton Day argued the cause for petitioners Spire, Inc. and Spire Missouri, Inc. Stephanie Weiner argued the cause for petitioner Air-Conditioning, Heating, and Refrigeration Institute. With them on the joint briefs were John P. Gregg , William C. Simmerson , Scott Blake Harris , Jason Neal , and Daniel P. Tingley . Matthew J. Agen and Michael L. Murray entered appearances.

Jack Starcher , Attorney, U.S. Department of Justice, argued the cause for respondent. With him on the briefs were Brian M. Boynton , Acting Assistant Attorney General, and Michael S. Raab , Attorney.

Michelle Wu argued the cause for respondent — intervenors. With her on the brief were Aaron Colangelo , Ian Fein , Letitia James , Attorney General, Office of the Attorney General for the State of New York, Patrick Woods , Assistant Solicitor General, Lisa S. Kwong , Assistant Attorney General, Matthew Rodriquez , Acting Attorney General, Office of the Attorney General for the State of California, David Zonana , Acting Senior Assistant Attorney General, Kwame Raoul , Attorney General, Office of the Attorney General for the State of Illinois, Daniel I. Rottenberg , Assistant Attorney General, Aaron M. Frey , Attorney General, Office of the Attorney General for the State of Maine, Katherine E. Tierney , Assistant Attorney General, Timothy D. Ballo , Brian Frosh , Attorney General, Office of the Attorney General for the State of Maryland, John B. Howard, Jr. , Special Assistant Attorney General, Maura Healey , Attorney General, Office of the Attorney General for the Commonwealth of Massachusetts, Christophe Courchesne , Deputy Chief, Keith Ellison , Attorney General, Office of the Attorney General for the State of Minnesota, Peter Surdo , Special Assistant Attorney General, Aaron D. Ford , Attorney General, Office of the Attorney General for the State of Nevada, Heidi Parry Stern , Solicitor General, Gurbir S. Grewal , Attorney General, Office of the Attorney General for the State of New Jersey, Paul Youchak , Deputy Attorney General, Ellen F. Rosenblum , Attorney General, Office of the Attorney General for the State of Oregon, Steve Novick , Special Assistant Attorney General, Thomas J. Donovan, Jr. , Attorney General, Office of the Attorney General for the State of Vermont, Nicholas Persampieri , Assistant Attorney General, Karl A. Racine , Attorney General, Office of the Attorney General for the District of Columbia, and Loren L. AliKhan , Solicitor General. Gerald Karr , Assistant Attorney General, Office of the Attorney General for the State of Illinois, entered an appearance.

Before: Srinivasan, Chief Judge, Jackson, Circuit Judge, and Ginsburg, Senior Circuit Judge.


The Energy Policy and Conservation Act authorizes the Secretary of Energy to set energy efficiency standards for certain commercial and industrial equipment. The Secretary may not, however, establish a standard more stringent than that promulgated by the American Society of Heating, Refrigerating and Air-Conditioning...

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