Reichman Jorgensen Lehman & Feldberg Leads Coalition Challenging Department of Energy's Gas Appliance Rule

REDWOOD SHORES, Calif., Jan. 17, 2025 /PRNewswire/ -- Reichman Jorgensen Lehman & Feldberg LLP (RJLF) has filed a petition for review of the Department of Energy's (DOE) final rule on gas tankless water heaters. Published in the Federal Register on December 26, 2024, the rule faces opposition from a coalition that includes State Attorneys General, manufacturers, and industry associations spanning a wide range of interests.

The DOE's rule eliminates non-condensing gas tankless water heaters, a highly efficient and affordable option that has been instrumental in reducing emissions and conserving energy over the past two decades. These appliances, which have successfully replaced less efficient gas tank water heaters, offer performance features and benefits that many consumers and businesses rely on. According to the coalition, the DOE's decision to eliminate this valuable appliance option contradicts the Energy Policy and Conservation Act (EPCA) by making valuable performance characteristics inaccessible to the market. The rule will reduce consumer choice, increase costs, and disrupt businesses—all while providing little to no environmental benefit.

The plaintiffs in this case represent thousands of consumers, manufacturers, and businesses, and include the States of Georgia, Kansas, Tennessee, Alabama, Arkansas, Idaho, Iowa, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, Texas, Utah, Virginia, and West Virginia, as well as Rinnai America Corporation, National Propane Gas Association, National Association of Home Builders, Natural Gas Association of Georgia, American Gas Association, American Public Gas Association, Florida Propane Gas Association, and Florida Natural Gas Association represented by RJLF.

"This case is important to protecting the interests of consumers, businesses, and manufacturers from overreach by the Department of Energy," said Sarah Jorgensen, lead counsel for the plaintiffs at RJLF. "The DOE's decision would phase out a highly efficient appliance that has significantly advanced energy savings and lowered emissions. This move overlooks critical factors such as market trends, costs to consumers and businesses, and the unique installation and performance benefits of non-condensing gas tankless water heaters."

The case is State of Georgia, et al. v. United States Department of Energy in the United States Circuit Court of Appeals for the Eleventh Circuit.

About Reichman Jorgensen Lehman & Feldberg LLP

Reichman Jorgensen Lehman & Feldberg LLP (RJLF) is a national trial firm that handles high-stakes energy, commercial, intellectual property, and white collar disputes. The firm is majority women-owned, reinventing the practice of law without the billable hour in favor of fee arrangements that align client interests. RJLF's attorneys are diverse, exceptionally credentialed, and passionate about trial advocacy. From offices in Silicon Valley, New York, Washington, D.C., Austin, and Atlanta, the firm tries cases and argues appeals throughout the country. For more information, visit www.reichmanjorgensen.com.

Contact

Sarah Jorgensen
[email protected]
(650) 623-1403

SOURCE Reichman Jorgensen Lehman & Feldberg LLP