Zero Zone, Inc. v. Dep't of Energy, No. 14-2334 (7th Cir. 2016)Annotate this Case
After the 2012 enactment of the American Energy Manufacturing Technical Corrections Act, 42 U.S.C. 6313(c)(4)), the U.S. Department of Energy (DOE) published two final rules in 2014, aimed at improving the energy efficiency of commercial refrigeration equipment (CRE). One adopted new energy efficiency standards for CRE, 79 Fed. Reg. 17,726. The second rule, issued a month later, clarified the test procedures that DOE uses to implement those standards, 79 Fed. Reg. 22,278. Trade associations of CRE manufacturers challenged the rules. The Seventh Circuit upheld the rules, rejecting challenges to DOE’s engineering analysis, economic analysis, regulatory flexibility analysis, and assessment of the cumulative regulatory burden. The court concluded that “DOE acted in a manner worthy of deference.” The first rule was premised on an analytical model that is supported by substantial evidence and was not arbitrary. DOE conducted a cost‐ benefit analysis that is within its statutory authority and is supported by substantial evidence. It gave appropriate consideration to the rule’s effect on small businesses and the role of other agency regulations. DOE similarly acted within its authority, and within reason, when it promulgated the Test Procedure Rule.