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NPGA Takes Legal Action to Safeguard Consumer Choice and Appliance Efficiency

By Bill StompPropane Insider2 min read

In a bold move aimed at preserving consumer choice and challenging what they perceive as flawed regulations, the National Propane Gas Association (NPGA) has recently joined forces with the American Gas Association and the American Public Gas Association.

NPGA Takes Legal Action to Safeguard Consumer Choice and Appliance Efficiency

In a bold move aimed at preserving consumer choice and challenging what they perceive as flawed regulations, the National Propane Gas Association (NPGA) has recently joined forces with the American Gas Association and the American Public Gas Association. Together, they have filed lawsuits against the Department of Energy (DOE) over its Final Rule for Commercial Water Heaters. Subsequently, with the recent release of the DOE Final Rule on Consumer Furnaces, the coalition, led by NPGA, has once again taken legal action, filing a second lawsuit against the Department of Energy. These legal battles seek to address concerns surrounding the establishment of a separate product class for non-condensing appliances under the Energy Policy and Conservation Act.

On October 13, 2023, NPGA, alongside its partners, initiated legal proceedings in the District of Columbia Circuit Court of Appeals challenging the DOE’s Final Rule for Commercial Water Heaters. This initial lawsuit signaled the coalition’s commitment to upholding the interests of both consumers and the propane industry in the face of what they believe to be overreach and flawed regulatory decisions.

The recent release of the DOE Final Rule on Consumer Furnaces has prompted NPGA to take action once again. The coalition’s second lawsuit, filed on Monday, December 18, addresses concerns regarding the DOE’s decision not to establish a separate product class for non-condensing appliances. This decision is being scrutinized for its potential implications on appliance efficiency and consumer choice.

NPGA has expressed its intention to consolidate the two existing lawsuits with a third suit that focuses on DOE’s Interpretive Rule. In this particular case, the DOE opted not to create a separate product class for non-condensing appliances. By consolidating these legal efforts, NPGA aims to amplify its arguments and strengthen its position against what it perceives as government overreach.

Legal Focus: Energy Policy and Conservation Act:

Amber marks the 8 states whose LP-gas licensing law still names CETP by name.

States naming CETP in law: Georgia, Idaho, Kansas, Louisiana, Maryland, Missouri, Utah, West Virginia.

All three lawsuits center around a critical question: Should the Department of Energy have established a separate product class for non-condensing appliances under the Energy Policy and Conservation Act? NPGA contends that the absence of such a product class could compromise consumer choice and hinder the promotion of efficient appliances.

NPGA is actively engaging with outside counsel to bolster its legal arguments. Regular consultations with legal experts are aimed at providing comprehensive information and insights that can effectively challenge the DOE’s decisions. By leveraging external expertise, NPGA seeks to ensure a robust legal strategy in defense of consumer choice and the propane industry.

The National Propane Gas Association’s legal actions underscore its commitment to protecting the interests of consumers and the propane industry. As these legal battles unfold, the outcomes will undoubtedly shape the landscape of appliance regulations and energy efficiency standards. NPGA’s proactive stance against perceived government overreach and flawed regulations showcases its dedication to maintaining a balance between regulatory measures and consumer choice.

For more information, individuals are encouraged to contact NPGA’s Director of Regulatory Affairs, Kate Gaziano.

Credits to NPGA for the information provided.