Legal Opinion

Hearth, Patio & Barbecue Ass'n v. United States Department of Energy

Court of Appeals for the D.C. Circuit

Decided February 8, 2013No. 10-1113, 10-1181, 12-1010, 12-1014PublishedCited by 15 opinions

1Opinion of the Court

Opinion for the Court filed by Circuit Judge BROWN.

Dissenting opinion by Senior Circuit Judge RANDOLPH.

BROWN, Circuit Judge:

Petitioners Hearth, Patio & Barbecue Association (“HPBA”) and National Propane Gas Association (“NPGA”) seek review of two recently promulgated rules that petitioners believe expanded the Energy Policy and Conservation Act (“EPCA”), 42 U.S.C. § 6201 et seq., to include decorative fireplaces.1 Among other challenges, HPBA alleges the Department of Energy’s (“DOE”) interpretation of decorative fireplaces as “Direct heating equipment” (“DHE”), a specifically enumerated…

2Cases cited10 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Whitman v. American Trucking Assns., Inc.Supreme Court of the United States · 2001
  3. MCI Telecommunications Corp. v. American Telephone & Telegraph Co.Supreme Court of the United States · 1994
  4. Sherley v. SebeliusCourt of Appeals for the D.C. Circuit · 2011
  5. County of Los Angeles, a Political Subdivision of the State of California, Owner and Operator of Los Angeles County/usc Medical Center, Harbor/ucla Medical Center, Martin Luther King Jr./drew Medical Center, Olive View Medical Center and High Desert Hospital Appellees/cross-Appellants v. Donna E. Shalala, Secretary, U.S. Department of Health and Human Services Appellant/cross-AppelleeCourt of Appeals for the D.C. Circuit · 1999

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3Cited by15 opinions

  1. Adirondack Medical Center v. Kathleen SebeliusCourt of Appeals for the D.C. Circuit · 2014
  2. Chamber of Commerce of the U.S. v. U.S. Dep't of LaborCourt of Appeals for the Fifth Circuit · 2018
  3. Pub. Citizen, Inc. v. TrumpCourt of Appeals for the D.C. Circuit · 2019
  4. Central United Life Insurance v. Sylvia BurwellCourt of Appeals for the D.C. Circuit · 2016
  5. Loper Bright Enterprises, Inc v. Gina RaimondoCourt of Appeals for the D.C. Circuit · 2022

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