Legal Opinion

Building Industry Ass'n v. Washington State Building Code Council

Court of Appeals for the Ninth Circuit

Decided June 25, 2012No. 11-35207PublishedCited by 25 opinions

1Opinion of the Court

OPINION

SCHROEDER, Circuit Judge:

The Energy Policy and Conservation Act of 1975 (“EPCA”), 42 U.S.C. § 6295 et seq., as amended, establishes nationwide energy efficiency standards for certain residential home appliances, and expressly preempts state standards requiring greater efficiency than the federal standards. It nonetheless exempts from preemption state building codes promoting energy efficiency, so long as those codes meet certain statutory conditions. § 6297(f)(3).

This case is a challenge to the State of Washington’s Building Code, see Wash. Admin. Code § 51-11-0100 et seq., brought by…

2Cases cited5 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Bates v. Dow Agrosciences LLCSupreme Court of the United States · 2005
  3. United States v. RedlightningCourt of Appeals for the Ninth Circuit · 2010
  4. Dow Agrosciences LLC v. BatesCourt of Appeals for the Fifth Circuit · 2003
  5. United States v. 87.98 Acres of Land More or LessCourt of Appeals for the Ninth Circuit · 2008

3Cited by25 opinions

  1. In re Conagra Foods, Inc.District Court, C.D. California · 2015
  2. In re Conagra Foods, Inc.District Court, C.D. California · 2014
  3. In re Roundup Prods. Liab. Litig.District Court, N.D. California · 2018
  4. Armer v. CSAA General Insurance CompanyDistrict Court, D. Arizona · 2020
  5. Chandler Gas and Store Incorporated, et al. v. Treasure Franchise Company LLC, et al.District Court, D. Arizona · 2025

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