Environmental -- 2006



Air-Conditioning, Heating & Refrigeration Institute v. Energy Resources Conservation and Development Commission   (U.S. Supreme Court)

Preemption of California energy regulations

The NAM and five other associations filed an amicus brief 10/14/05 supporting an appeal of a Ninth Circuit ruling that allows California to demand detailed information from manufacturers about energy efficiency.  We argue that the California regulations are preempted by the Energy Policy and Conservation Act of 1975, which sets energy and water-use efficiency standards for appliances and expressly preempts any state regulation that “provides at any time for the disclosure of information with respect to any measure of energy consumption or water use” that differ from federal requirements.  California argues that the law only applies to disclosure of information to consumers and not to the state government itself.  Our brief argues that there is a split in the circuit courts, that there should be no presumption against preemption here, and that the issue is an important and recurring one appropriate for the Supreme Court to resolve.

On 6/19/06, the Court declined to hear this appeal.