Reining In The Federal Government

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 The Trump administration then adopted similar guidelines as policy in 2020, but the Biden DOE repealed those standards in 2021 before advancing its own standards that crack down on the faster models advantaged by the Trump administration’s rules in May 2023.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 heatersfurnaces 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.

First They Came For Our Shower Heads…

On Sunday, The New York Post reported that the Biden administration is now targeting gas generators and gas water heaters.

The article reports:

Water heaters could soon be subject to much more stringent efficiency requirements if a recent Department of Energy proposal that has been criticized by Republican lawmakers goes into effect.

In a draft rule unveiled Friday, the Biden administration is seeking to compel most electric water heaters to deploy heat pump technology and gas-fired ones to use condensing technology.

It comes months after the Biden administration ignited a firestorm over feared stove top regulations, after Albany lawmakers enacted a controversial first-in-the-nation gas stove ban in New York.

“Today’s actions—together with our industry partners and stakeholders—improve outdated efficiency standards for common household appliances, which is essential to slashing utility bills for American families and cutting harmful carbon emissions,” Secretary of Energy Jennifer Granholm said in a statement

Water heaters that have tanks are not as efficient as tankless gas water heaters. Heat pump technology is not efficient below about 40 degrees. The idea of getting everyone off of gas is not about ecology–it’s about control–it’s easy to shut off electricity or limit it if someone says the wrong thing or supports the wrong cause.

The article illustrates some of the reaction to this move:

“First they came for your gas stoves. Then they came for your dishwashers. Next they came for your water heaters and air conditioners. Now the Biden apparatchiks are coming for your portable gas generators,” Forbes contributor David Blackmon tweeted.

“From the people who want showers and faucets without enough water pressure, dishwashers that don’t fully clean, washers and dryers that fully wash or dry, etc. they now want water heaters that don’t fully and quickly heat. All in the name of ‘environmentalism’ or ‘climate change,’” Ken Gardner tweeted.

“Leave us alone. These products already exist in the free market. Consumers should decide whether the upfront cost of a heat-pump water heater is worth the possible long term savings. In many cases, the monthly savings never make up for the upfront cost of the equipment,” Rep. Thomas Massive (R-Ky.) tweeted.

Somehow I don’t think this is what our Founding Fathers had in mind when they established our government. I wonder if the White House and the Capitol Building are planning on changing their water heaters.