DOE Proposes To Reverse Several 2020 Amendments To Energy Conservation Rulemaking Processes

The Department of Energy ("DOE" or the "Department") published a notice of proposed rulemaking ("NOPR") rule on April 12, 2021 that proposes to revise parts of the Department's Process Rule. As you may recall, DOE revised the Process Rule in 2020 with the aim of increasing both rulemaking transparency and certainty. 85 Fed. Reg. 8,626 (Feb. 13, 2020); See also, Keller and Heckman summary. Now, the Department is proposing to revise the Process Rule again as a part of the regulatory review mandated by Executive Order 13990, Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis. The newly proposed revisions are also motivated by two lawsuits brought by non-governmental organizations alleging that DOE failed to meet rulemaking deadlines for 25 covered products and equipment.