National Electrical Manufacturers Ass'n v. United States Department of Energy

When viewed in context, the statute we are reviewing is clearly unambiguous, and the Department of Energy’s (“DOE”) final rule is contrary to the statute and Congress’s clear direction. Therefore, I would grant the petition, vacate the final rule, and remand the matter to DOE for action consistent with the law.

Nineteen years ago, Congress enacted the Energy Policy Act of 1992 (the “Act”), part of which directed DOE to prescribe energy conservation standards for small electric motors. See 42 U.S.C. § 6317(b). The Act defines “small electric motor” as “a NEMA1 general purpose alternating…