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Toss Boiler Energy Efficiency Standards, Industry to Urge Judges

Sept. 8, 2021, 7:58 PM

The Department of Energy will defend leaving its boiler efficiency standards in place pending further review before the D.C. Circuit on Thursday, but industry groups will argue that move would be disruptive and conflict with federal law.

The American Public Gas Association, Air-Conditioning, Heating, and Refrigeration Institute, and Spire Inc. are challenging the department over its rule setting new, more stringent standards for commercial boilers.

Federal law gives the department authority to establish standards when criteria are met by “clear and convincing evidence,” the industry groups say. However, the department said that the clear-and-convincing evidence requirement didn’t apply in this ...