NPGA Bobtail

Court Delivers Win for Propane

On Friday, July 7th, the United States Court of Appeals for the District of Columbia vacated a rule by the Department of Energy calling for more stringent standards on commercial packaged boilers.  This ruling is a favorable result for the propane industry.  DOE has been working on the rule for the past seven years, and compliance was required by January 10, 2023.  In the decision, the Court found that DOE failed to comply with the Administrative Procedures Act, because it did not give the public an adequate chance to review and comment on materials DOE used in determining its standards, and that the people who brought the lawsuit were prejudiced by DOE’s failure to follow the law.  Additionally, the Court found that DOE failed to explain or justify certain assumptions in its decision-making, in this case, the average amount of energy to heat a square foot of a heated area.  NPGA staff has reviewed the decision, and will be looking to see where it could supplement our arguments in other litigation matters, or in Federal regulatory affairs.  For information or questions, please contact NPGA General Counsel Benjamin Nussdorf.