Energy Department’s Second Boiler Rule Vacated by D.C. Circuit

The Department of Energy didn’t address industry concerns when adopting stricter commercial boiler efficiency rules, the D.C. Circuit ruled Friday, vacating the final rule.

The department failed to provide a reasoned response to challenges that it used unreasonably high burner operating hours when calculating costs to consumers, a three-judge panel on the US Court of Appeals for the D.C. Circuit said. DOE also failed to provide notice and comment despite its reliance on new studies and data.

The ruling sends the Energy Department back to the drawing board on rules for commercial boilers, which which were adopted to reduce carbon ...