Fifth Circuit Wrestles With Venue in Water Efficiency Rule Case

The US Court of Appeals for the Fifth Circuit on Tuesday grappled with what the appropriate venue should be for a challenge to Biden-era water efficiency rules for certain appliances.

Judges Edith H. Jones and Stuart Kyle Duncan centered their questions during oral arguments around jurisdiction and whether the requested relief was possible.

Plaintiffs Bill Word and David Daquin are consumers of the regulated appliances who reside in Texas and Louisiana, respectively. In June 2024, they challenged the US Department of Energy’s most recent rules imposing more stringent water use limits on dishwashers and clothes washers.