Fifth Circuit shoots down Biden dishwasher edict; policies 'go too far'
Ruling covers dishwashers and washing machines targeted by Biden admin
On Jan. 8, the Fifth Circuit Court of Appeals handed Biden’s Department of Energy (DOE) a loss over its attempt to dictate washing machines and dishwashers.
In a nutshell, the 25-page ruling says the DOE has no authority nor does it have any authorization from Congress to regulate water use. The court scolded the DOE for failing to consider the “negative consequences” involved in their policies.
Not only did it rule the DOE overstepped its authority, but its policies did the opposite of their claimed purpose - to save water and be more energy efficient.
“Given all of this, it appears that DOE’s assertion of regulatory jurisdiction over water usage in dishwashers and clothes washers is “not in accordance with law” and is “in excess of statutory . . . authority,” the ruling states.
In the last third of the ruling, the Fifth Circuit describes how the DOE’s wanting to repeal the 2020 rules as “invalid,” had nothing backing it other than the DOE claiming it violated the Energy Policy and Conservation Act of 1975.
“And in any event, even if we took seriously DOE’s litigation position, it would only further doom the Repeal Rule. If the 2020 Rules really were procedurally invalid because they failed to adequately consider the EPCA, then one obvious solution to that problem would be to supply the missing consideration,” Fifth Circuit’s decision says in closing. “Instead, the Department amplified its capriciousness by throwing the baby out with the bath water.”
Alliance for Consumers has been tracking the lawsuit opposing the Biden administration’s continued targeting of appliances and household necessities and has updated its “Biden Dream House” graphic to reflect the Fifth Circuit’s ruling.
While dishwashers and washing machines may be safe for the moment, there are at least 34 other residential and commercial items on the DOE’s wish list to tamp down on. Microwaves, ceiling fans, freezers, and many more everyday home items are on the list.
Biden’s DOE quietly rolled out finalized regulations on appliances on the last Friday of 2023. Americans can expect the changes to hit their wallets in the coming years with the finalized fridge and freezer regulations starting in either 2029 or 2030, depending on the model of the appliance.