The court of appeals granted a petition for review and reversed and remanded a ruling of the Department of Energy. The court held that the agency’s denial of a state’s request for waiver of preemption under the Energy Policy and Conservation Act on the ground that the state’s proposed regulations did not comply with the statute’s minimum time requirements was arbitrary and capricious.
In order to establish water efficiency standards for residential clothes washers as set forth in its state regulations, the California Energy Commission (CEC) in 2005 requested from the U.S. Department of Energy (DOE) a waiver of preemption under the Energy Policy and Conservation Act (EPCA).
