NPGA Bobtail

NPGA Appeals Consumer Furnace Decision to United State Supreme Court

On Tuesday, January 20th, NPGA, along with its coalition partners American Gas Association and American Public Gas Association, appealed the split decision of the D.C. Circuit Court of Appeals regarding the Department of Energy’s (DOE) Consumer Furnace Rule, to the United States Supreme Court. The decision, which failed to find consumer preferences as performance characteristics of consumer appliances and ignored critical costs the rule would place on consumers, allowed the DOE to raise efficiency standards for furnaces to a level which can not be met by non-condensing appliances. NPGA and its coalition partners are seeking the Supreme Court to adopt the well-reasoned rationale of the dissenting opinion in the D.C. Circuit case, as it better encompasses the intent of Congress in passing the Energy Policy and Conservation Act, and more accurately reflects how consumers utilize and make decisions about their appliances. NPGA and its coalition expect to be notified whether the Supreme Court will hear the case in 2026, and should the Supreme Court agree to hear the case, a decision in 2027. For additional information, please contact NPGA General Counsel Benjamin Nussdorf.