Cause of Action filed a petition on January 20 in the U.S. Court of Appeals on behalf of the Heating, Air-conditioning, and Refrigeration Distributors International (HARDI) in response to the Department of Energy’s (DOE) abuse of the regulatory process and overreach of authority which resulted in a rogue decision to impose unreasonable energy efficiency standards on distributors, installers, and users of residential heating and cooling products in the United States.
Acting outside of its purview, the DOE not only ignored concerns from HARDI about these rule changes, but sidestepped the proper established rule-making procedures, instead choosing to dictate a rule without regard for its serious financial consequences.
Cause of Action, a non-partisan organization dedicated to attacking waste, fraud, mismanagement and corruption in the federal government, took on this issue on behalf of HARDI out of recognition of the abuse of power being demonstrated by the DOE, and the potential precedent this could set for federal agencies.
"The Department of Energy is turning a deaf ear toward American businesses and choosing to enact rules with no regard for proper procedure," said Dan Epstein, Executive Director of Cause of Action. "Cause of Action chose to intervene on behalf of HARDI and the thousands of Americans they represent against this act of government abuse of power. We urge the Court of Appeals to examine the unprecedented harm the Department of Energy is enacting on businesses and consumers around the country, and ask them to rein in this agency."
For HARDI, their actions and opposition to the DOE on this issue have been evident since 2008, yet the DOE consistently ignored them.
"For years HARDI members have been discussing regional standards, then the consensus agreement, and now the potential impact of the Department of Energy’s direct final rule on our industry," said HARDI President, Bud Mingledorff. "Over the last several weeks alone, four individual votes were cast among varying levels of HARDI’s membership leaders, each of whom unanimously determined joining this litigation was the right thing to do."
HARDI joins the American Public Gas Association (APGA) who has previously filed a petition on the matter with the Court of Appeals.
For more information or to speak with Jon Melchi, Director of Government Affairs of HARDI, or Dan Epstein, Executive Director of Cause of Action, contact Mary Beth Hutchins, 202-587-5880, [email protected].