Energy efficiency is an important component of U.S. and international policy and is playing an increasingly central role in product design and marketing. Failure to meet applicable efficiency rules can result in products being blocked from admission into the United States and from being marketed in U.S. commerce. Recent legislation, rulemakings and court cases have resulted in a dramatic increase in efficiency requirements and proceedings. Wiley Rein has extensive experience concerning energy efficiency of consumer products and industrial equipment.
We work with trade associations and companies on mandatory and voluntary standards programs. This includes Department of Energy (DOE) minimum efficiency standards and test procedures, Energy Star rules at DOE and the Environmental Protection Agency (EPA) and state agencies such as the California Energy Commission. It also includes standards setting by trade associations and establishment and management of related certification programs. On behalf of our clients, we work application of rules, exceptions to rules and waivers. We advise them on testing procedures rules, laboratory testing, conformity certification and labeling. In addition, we represent clients on energy legislation and in rulemaking before the DOE, the Federal Trade Commission (FTC) and states agencies. Our work also includes enforcement proceedings and litigation at the federal and state level. We have:
- Represented clients in DOE, Energy Star, and state rulemakings on establishment of standards, test procedures and other rules for consumer products and industrial equipment.
- Advised clients on application of DOE, FTC, Energy Star, and state energy efficiency rules, and represented them in agency enforcement proceedings concerning compliance.
- Obtained exceptions for innovative products from DOE standards, and obtained waivers of DOE test procedures where existing test procedures were inappropriate for a product.
- Represented clients in litigation on the validity of federal and state energy requirements. This has included such issues as whether federal rules meet the requirements of the governing federal statute and whether state rules are preempted by federal law.
ISSUE: APRIL 2013