In recent years, the federal government has altered the lives of Americans in small ways and big ways. The small ways include dishwashers that used to take an hour to cycle now take two hours, showerheads don’t put out the same amount of water that they put out ten years ago, and washing machines also take longer to wash the clothes. These changes are not the result of laws passed by Congress (which is where we are supposed to get out laws), they are the result of federal regulations. Well, the ability of federal agencies rather than Congress to pass laws is now being challenged in our courts.
On Tuesday, The Daily Caller reported the following:
A federal appeals court shot down the Biden administration’s efforts to repeal existing regulations on dishwashers and clothes washers on Monday.
The U.S. Fifth Circuit Court of Appeals issued an opinion in a legal battle between eleven red states and the federal government over the Department of Energy’s (DOE) efforts to impose energy and water efficiency standards for dishwashers and clothes washers that asserted it “is unclear that DOE has statutory authority to regulate water use in dishwashers and clothes washers,” according to the opinion’s text. The Biden administration has attempted to push new standards for both appliances since coming into office in 2021 as part of a wider push to nudge the market toward more energy efficient appliances, which in some cases are generally less effective than their other models, the court asserted in its opinion.
In March 2018, the Competitive Enterprise Institute (CEI) proposed standards for dishwashers that allow the sale of models that run faster cycles, using more energy and water than standard dishwashers in the process. The Trump administration then adopted similar guidelines as policy in 2020, but the Biden DOE repealed those standards in 2021 before advancing its own standards that crack down on the faster models advantaged by the Trump administration’s rules in May 2023.
The article concludes:
Beyond clothes washers and dishwashers, the Biden DOE has also sought to impose energy efficiency regulations for items like water heaters, furnaces and pool pump motors. The administration has also spent hundreds of millions of dollars on helping state and municipal governments pursue building codes
“In this opinion, the court has forced DOE to follow the law and even noted that one of the positions DOE took in this suit ‘borders on frivolous.’ This decision allows manufacturers to build better dishwashers, not be encumbered by counterproductive federal regulations,” Devin Watkins, an attorney for CEI, said of the opinion.
The DOE did not respond immediately to a request for comment.