A pool equipment maker lost its challenge Wednesday to amended energy conservation standards for dedicated-purpose pool pump motors after a ruling by the Third Circuit.
Zodiac Pool Systems LLC didn’t raise its objection that the Department of Energy lacked statutory authority under the Energy Policy Conservation Act to issue the regulation during the rulemaking process, and therefore forfeited the argument, the court said.
Zodiac had previously petitioned the Department of Energy to make such a rule, and there’s “no sound basis to address the merits of Zodiac’s argument that the DOE lacked authority to issue regulations Zodiac requested itself,” the ...
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