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D.C. Circuit Questions Next Steps in Boiler Standards Dispute

Sept. 9, 2021, 6:10 PM

A panel of federal judges focused Thursday on how to strike a balance between granting the federal government’s request to update its boiler efficiency standards and reducing the potential harm to the industry.

The dispute in the U.S. Court of Appeals for the D.C. Circuit centers on the Department of Energy’s rule setting more stringent standards for commercial packaged boilers. The standards should have been supported by “clear and convincing evidence” that they’re feasible, economically justified, and conserve more energy, the department told the court in April.

Department of Justice attorney John “Jack” Starcher said during oral arguments that he ...