No. 25-879

American Gas Association, et al. v. Department of Energy, et al.

Lower Court: District of Columbia
Docketed: 2026-01-22
Status: Pending
Type: Paid
Experienced Counsel
Tags: administrative-law agency-deference appliance-standards energy-policy performance-characteristics statutory-interpretation
Key Terms:
AdministrativeLaw Environmental SocialSecurity JusticiabilityDoctri
Latest Conference: N/A
Question Presented (AI Summary)

Whether courts may defer to an agency's legal interpretation of a statute despite the Supreme Court's holding in Loper Bright Enterprises v. Raimondo, and whether an appliance's ability to operate in existing homes without renovation constitutes a 'performance characteristic' under EPCA

Question Presented (from Petition)

The Energy Policy and Conservation Act (EPCA) prohibits the Department of Energy from adopting efficiency standards that ban consumer access to appliances with distinct performance characteristics. In this case , the Department adopted standards abolishing gas-fired furnaces and water heaters that work with existing venting systems in millions of homes and buildings across the country . These standards will force consumers to either renovate their homes or switch to electric appliance s. The Department overhauled these standards by interpret ing the statutory term “performance characteristic” to exclude features that allow an appliance to function in a home without renovation , dismissing that characteristic as a mere matter of “cost.” App. 26a. Over Judge Rao ’s dissent, the D.C. Circuit deferred to the Department ’s statutory interpretation , asserting the statutory term required “case -specific” interpretation . App. 16a. The questions presented are: 1. Whether courts may defer to an agency’s legal interpretation of a statute because an agency applied the statute to undisputed facts, despite this Court’s holding in Loper Bright Enterprises v. Raimondo that courts must construe statutes without defer ence to agency statutory interpretations . 603 U.S. 369, 395 (2024) . 2. Whether an appliance’s ability to operate in existing homes and buildings without renovation is a “performance characteristic” that EPCA prohibits the Department from eliminating . 42 U.S.C. §§ 6295(o)(4);

Docket Entries

2026-02-13
Motion to extend the time to file a response is granted and the time is extended to and including April 24, 2026, for all respondents.
2026-02-12
Motion of Sierra Club, Consumer Federation of America, and Massachusetts Union of Public Housing Tenants for an extension of time submitted.
2026-02-12
Motion to extend the time to file a response from February 23, 2026 to April 24, 2026, submitted to The Clerk.
2026-01-20
Petition for a writ of certiorari filed. (Response due February 23, 2026)

Attorneys

American Gas Association, et al.
Scott A. KellerLehotsky Keller Cohn LLP, Petitioner
Scott A. KellerLehotsky Keller Cohn LLP, Petitioner
Scott A. KellerLehotsky Keller Cohn LLP, Petitioner
Sierra Club, Consumer Federation of America, and Massachusetts Union of Public Housing Tenants
Caroline Anne FlynnEarthjustice, Respondent
Caroline Anne FlynnEarthjustice, Respondent
Caroline Anne FlynnEarthjustice, Respondent
Caroline Anne FlynnEarthjustice, Respondent
Caroline Anne FlynnEarthjustice, Respondent
U.S. Department of Energy, et al.
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent