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Texas, six other states, file lawsuit against the federal government for energy consumption regulation

Texas – Texas Attorney General Ken Paxton confirmed that the Lone Star State joined a multistate lawsuit against the Biden-Harris administration. The argument centers on a new federal rule published by the U.S. Department of Energy (DOE), which changes energy consumption criteria and directly affects the use and manufacturing of gas stoves and ovens. Claiming that the rule was imposed illegally without appropriate public input or discussion with impacted states, the complaint was launched before the U.S. Court of Appeals for the Fifth Circuit.

First proposed in February 2023, the controversial DOE rule sought to impose strict energy saving criteria that, according to critics, would essentially exclude most ordinary gas stoves. Many stakeholders—including consumers and business leaders—quickly objected to this idea, which led the DOE to change the regulation. Though it still poses major financial difficulties for American households without providing an opportunity for public debate, the revision—termed a “direct final rule”—has not lessened the opposition.

States of Mississippi, Montana, Louisiana, Nebraska, Tennessee, Texas, and Utah file lawsuit against the Biden-Harris administration
Credit: Unsplash

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Attorney General Paxton and other state attorneys general contend that by approving the rule without allowing time for public comment, the DOE skipped a vital democratic process usually followed for new federal rules with broad impact. Moreover, the coalition of states argues that the regulation was published without obtaining the requisite majority approval from the states, which is stipulated by statute for such regulatory measures.

Attorney General Paxton expressed criticism on the federal government’s energy policies, particularly in regard to the effect on common kitchen equipment.

“The Biden-Harris Administration’s crusade against kitchen appliances hurts American families at a time when their policies have already made the cost-of-living skyrocket,” said Attorney General Paxton. “If this rule targeting gas stoves takes effect, they will have unconstitutionally forced yet another component of their so-called ‘energy transition’ agenda onto our country without the public’s input.”

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The case symbolizes yet another chapter in the continuous national discussion on energy policies and their execution. As the matter develops, it will certainly highlight the larger consequences of federal regulatory authority and the balance of state against federal power in determining energy standards impacting a wide range of consumer products. The result of the court’s examination of the procedure could have long-lasting consequences on the way upcoming rules are developed and carried out, especially those that significantly impact Americans’ daily life.

This is the petition in full:

Pursuant to 42 U.S.C. § 6306(b) and Federal Rule of Appellate Procedure 15, the States of Mississippi, Montana, Louisiana, Nebraska, Tennessee, Texas, and Utah (“States”), by and through the undersigned counsel, petition this Court for review of the (a) Direct Final Rule and confirmation of effective and compliance dates of the United States Department of Energy (“DoE”) titled: “Energy Conservation Program: Energy Conservation Standards for Consumer Conventional Cooking Products,” published at 89 Fed. Reg. 65,520 on August 12, 2024, and (b) the notice of the Direct Final Rule of DOE titled: “Energy Conservation Program: Energy Conservation Standards for Consumer Conventional Cooking Products,” published at 89 Fed. Reg. 11,434 on February 14, 2024. Copies are attached as Exhibits A and B, respectively.

The Court has jurisdiction and is a proper venue for this action pursuant to 42 U.S.C. § 6306(b). This Petition is timely as it is filed within 60 days of the August 12, 2024, publication date. Id.

Petitioners respectfully request that this Court hold unlawful, vacate, and set aside the rules, and grant such further relief as may be deemed just and proper.

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