Energy efficiency is an important component of U.S. and international environmental 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, rule-makings, 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 U.S. Department of Energy (DOE) minimum efficiency standards and test procedures, Energy Star rules at DOE and 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 rule-making before the DOE, the Federal Trade Commission (FTC), and state agencies. Our work also includes enforcement proceedings and litigation at the federal and state level.
Representative Recent Experience:
- Representing clients in DOE, Energy Star, and state rule-makings on establishment of standards, test procedures, and other rules for consumer products and industrial equipment.
- Advising clients on application of DOE, FTC, Energy Star, and state energy efficiency rules and represented them in agency enforcement proceedings concerning compliance.
- Obtaining exceptions for innovative products from DOE standards and obtained waivers of DOE test procedures where existing test procedures were inappropriate for a product.
- Representing 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: FEBRUARY 2015
IN THIS ISSUE
- New “Definition of Solid Waste” Rule Brings More Recycling Confusion
- Negotiations Continue on Tariff Reductions for Environmental Goods; Midterm Elections Should Benefit Trade Agenda
- EPA Fixes Its Own Error—Clarifies Pesticide Export Collateral Labeling Requirements
- New U.S. Postal Service Lithium Battery/Product Shipping Rules
- Will Republican Tide Sink Proposed Clean Water Act Jurisdiction Rule?
- FTC Report on Internet of Things Confirms Growing Interest in Privacy and Security for Innovators
DOE Seeks Input on Potential Efficiency Rules for Computer and Battery Backup Systems
By John A. Hodges
PRBA to Pursue Changes to Secondary Cell Export Controls Under Wassenaar Arrangement
By George A. Kerchner
April 8, 2014 | Battery Power Magazine
Major Senate Bill on Energy Efficiency Introduced Again
By John A. Hodges
March 4, 2014