Federal Judge Deals Massive Blow To Biden

OPINION:  This article contains commentary which may reflect the author’s opinion

The Biden Department of Energy (DOE) argued that it is required to reduce energy and water usage by dishwashers and washing machines. However, a federal court dismissed these claims and determined that the DOE exceeded its authority by creating restrictions that are considered unnecessary and lacking seriousness.

The U.S. Fifth Circuit Court of Appeals, as revealed in a document obtained by The Daily Caller, states that the judge was not convinced by the Biden administration’s claim that it was obligated to reverse laws implemented during the Trump era, which were in favor of appliances consuming higher amounts of water and energy. The judge determined that the Department of Energy (DOE) lacks the jurisdiction to oversee the regulation of “water usage” in dishwashers or washing machines.

“[I]s unclear that DOE has statutory authority to regulate water use in dishwashers and clothes washers,” the opinion states.

“But even if DOE has water-usage authority over the relevant appliances, the Department (b) failed to adequately consider the negative consequences of the Repeal Rule, including the substitution effects of energy-and-water-wasting rewashing, prewashing, and handwashing. In promulgating the Repeal Rule, DOE stated that its energy conservation program must promote ‘water conservation’ and regulate ‘water use’ … But it is unclear how or why DOE thinks it has any statutory authority to regulate ‘water use’ in dishwashers and washing machines.”

The DOE’s additional claims that it did not sufficiently take into account the requirements of the Energy Policy Conservation Act were made worse by the fact that, by requiring more energy-efficient appliances, users would be compelled to use even greater amounts of energy and water to make up for the appliances’ inadequate performance.

“In our court, however, DOE pretends it repealed the 2020 rules because it committed merely procedural errors by ‘failing to adequately consider the [Energy Policy Conservation Act’s] requirements … It borders on frivolous to say the 2020 Rules failed to consider” the relevant statutes, as “the 2020 Rules considered these sections extensively,” the opinion states. The DOE “amplified its capriciousness by throwing the baby out with the bathwater.

“[T]hey make Americans use more energy and more water for the simple reason that purportedly ‘energy efficient’ appliances do not work,” the opinion concludes.

Devin Watkins, a lawyer for the non-profit libertarian research organization Competitive Enterprise Institute, commended the ruling.

“In this opinion, the court has forced DOE to follow the law and even noted that one of the positions DOE took in this suit ‘borders on frivolous.’ This decision allows manufacturers to build better dishwashers, not be encumbered by counterproductive federal regulations,” Devin Watkins, an attorney for CEI, said of the opinion.

The Biden administration is actively promoting a green economy, which involves prioritizing environmentally friendly products such as dishwashers, water heaters, pool pumps, and electric automobiles. However, detractors argue that this focus on sustainability may compromise product performance and limit consumer choice. Electric vehicles (EVs), which are considered to be one of the most significant purchases in a consumer’s lifetime, have experienced a significant decline in popularity. This can be attributed to reduced discounts, increased electricity costs, and a scarcity of charging infrastructure nationwide.

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