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Federal courts hand down decisions impacting home appliances, renewable energy and petroleum
Just the News ^ | January 16, 2024 | Kevin Killough

Posted on 01/16/2024 9:19:49 AM PST by Twotone

The Supreme Court declined to rule on two court cases Monday involving energy development, while a federal appeals court blasted the Biden administration’s appliance efficiency standards.

Home appliances

The U.S. Court of Appeals for the Fifth Circuit Monday sided with 11 red states that sued the U.S. Department of Energy (DOE) over its promulgated efficiency standards for dishwashers and washing machines, ruling that “it is unclear the DOE has any statutory authority to regulate water use in dishwashers and clothes washers.”

The court also stated in its opinion that, even if it does have that authority and the agency had water-usage authority over these appliances, it failed to consider the “negative consequences” of the standards, which would have the opposite effect of their intent.

“The administrative record contains ample evidence that DOE’s efficiency standards likely do the opposite: They make Americans use more energy and more water for the simple reason that the purported ‘energy efficient’ appliances do not work,” the ruling explained.

The Biden administration has committed extensive attention to reducing the energy and water use of just about every appliance in the home, including gas stoves, dishwashers, air conditioners, refrigerators, light bulbs, washing machines, microwaves and furnaces.

In March 2018, the Competitive Enterprise Institute (CEI), the Daily Caller reported, proposed standards for new dishwashers that would run faster cycles, which would increase energy and water consumption. The Trump administration adopted guidelines that aligned with the CEI proposal, but President Joe Biden repealed those standards in 2021. It then went on to propose its own, more stringent standards.

Devin Watkins, attorney with CEI, said in a statement that the decision will bring benefits to consumers.

“We hope that its newly-announced rulemaking proceeding will end up improving consumer choice, allowing people to purchase dishwashers that clean quickly and well,” Watkins said in a statement. The DOE did not respond to requests for comment.

Climate suit

The U.S. Supreme Court declined to hear a request from the American Petroleum Institute’s to get a climate lawsuit filed by Minnesota moved to federal court.

Minnesota alleges that by selling and promoting oil and gas to people who buy it, the defendants are defrauding the public, resulting in harm to the state and citizens as a result of climate change. Minnesota is asking the energy firms to give up any profits they make from the sale of products it says are dangerous.

Other states and local governments are suing oil companies for similar reasons.

The court didn’t provide details on its decision to deny certiorari, only noting that Justice Brett Kavanaugh, a Republican appointee, would have granted the companies’ request.

Writing at the “Volokh Conspiracy,” Jonathan Adler, law professor at the Case Western Reserve University School of Law, said that the 1st, 3rd, 4th, 6th, 8th, and 9th Circuit Court of Appeals have rejected similar requests in other cases, and the Supreme Court has shown little interest in reviewing the decisions.

Adler argued that the Supreme Court has previously ruled that federal environmental laws do not preempt state law claims against polluters, and that the authority to preempt state-level lawsuits about climate change rests with Congress.

Former U.S. Attorney William Barr and Adam White, senior fellow of the American Enterprise Institute, had opined in the Wall Street Journal that the case belongs in federal court, because energy policies should not be set by federal, state or local judges, but rather through the Constitution's democratic processes. Moving the case to federal court, the authors argued, would ensure that happens.

Pebble mine

The Supreme Court also declined without comment to hear a request from the State of Alaska to review the EPA’s veto of the proposed Pebble copper and gold mine in Bristol Bay.

In July, according to E&E News, Alaska’s Republican Gov. Mike Dunleavy asked the high court to reverse the EPA’s block on Pebble and other extraction projects on state land in southwestern Alaska.

The EPA’s veto was issued under the authority of the Clean Water Act, and Alaska officials argued that it violated the state’s ability to regulate its own land and waters. The court didn’t mention any dissent.

Rick Whitbeck, Alaska state director for Power The Future, an energy advocacy group, criticized the Biden administration’s EPA for undermining the state’s ability to develop its resources.

“It’s the disgusting way the Biden Administration picks winners and losers among Indigenous groups. If you are an anti-development, anti-jobs, and wilderness-above-everything tribe or organization, you get whatever you want,” Whitbeck told Just The News.

Whitbeck said that the administration ignores Alaskan voices who are “pro-jobs, pro-responsible development,” and in favor of “hand ups rather than hand outs.”

“They claim to prioritize tribal consultation, but they consistently ignore groups in Alaska and elsewhere who don’t preach their big government, ‘there is a climate crisis’ message,” he said. The state had skipped review by appellate courts and took the case directly to the high court.

In a statement, Dunleavy said Alaska will continue to fight what he called “flagrant overreach,” and that the state is confident lower courts will find against the EPA.

Gold and copper are vital to the Biden administration’s goal of transitioning the U.S. to clean energy, yet it has killed a few major mining projects that would help develop domestic sources of these critical minerals.

“At a time when federal administrations are fast-tracking renewable energy development, the careful production of copper and other rare minerals, like those found in the Pebble area, is more important than ever,” Dunleavy said.


TOPICS: Breaking News; Business/Economy; Constitution/Conservatism; Government; News/Current Events; Politics/Elections
KEYWORDS: appliances; energy; scotus; supremecourt
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1 posted on 01/16/2024 9:19:49 AM PST by Twotone
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To: Twotone

Government mandates are fascism in its purest form.


2 posted on 01/16/2024 9:21:34 AM PST by Orosius (Wake America Up Again )
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To: Twotone

Brought to you by the same folk who think having to flush toilets 3 times saves water...???


3 posted on 01/16/2024 9:24:55 AM PST by RckyRaCoCo (Time to throw them out of the Temple...again)
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To: Twotone

Unclear?!?!?

The Supreme Court is supposed to decide whether or not.


4 posted on 01/16/2024 9:26:30 AM PST by glorgau
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To: Twotone

Keep your dirty filthy libtard hands off my Speed Queens!


5 posted on 01/16/2024 9:31:33 AM PST by EinNYC
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To: Orosius

They are a means to an end. Shut down the coal plants and then start rationing electricity in order to get people to support what you want. Your town didn’t want drag queen story hour? Rolling blackouts until you do.


6 posted on 01/16/2024 9:32:02 AM PST by AppyPappy (Biden told Al Roker "America is back". Unfortunately, he meant back to the 1970's)
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To: glorgau

The SC will avoid the big issues for as long they can.


7 posted on 01/16/2024 9:36:07 AM PST by gibsonguy
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To: glorgau

The SC will avoid the big issues for as long they can.


8 posted on 01/16/2024 9:36:12 AM PST by gibsonguy
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To: Twotone

Save us from administrative agencies.


9 posted on 01/16/2024 9:36:22 AM PST by yldstrk
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To: EinNYC

So what’s next? Hair blowers?


10 posted on 01/16/2024 9:42:12 AM PST by RoseofTexas
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To: EinNYC
Ahhh...the good old days...


11 posted on 01/16/2024 9:42:37 AM PST by moovova ("The NEXT election is the most important election of our lifetimes!“ LOL...)
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To: moovova
Also...back when a woman was a woman.


12 posted on 01/16/2024 9:44:35 AM PST by moovova ("The NEXT election is the most important election of our lifetimes!“ LOL...)
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To: moovova

https://www.discovermagazine.com/the-sciences/ncbi-rofl-no-bra-wringer-washing-machine-squished-boob

The Wringer washing machine: an unusual cause of breast trauma. “A 66-year-old woman... ...sustained a left-breast injury with a wringer washing machine. While manually feeding clothes through the rollers of her wringer washing machine, her left breast was drawn into the rollers when her blouse became entangled with the clothing she was wringing. The patient was not wearing a brassiere. Her husband immediately responded to her cries for help by disconnecting the electricity to the washing machine and pressing the emergency release for the rollers. This washing machine was immediately discarded.”


Let’s not talk about the vacuum in the next article at the bottom.


13 posted on 01/16/2024 9:49:04 AM PST by PeterPrinciple (Thinking Caps are no longer being issued but there must be a warehouse full of them somewhere.)
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To: Twotone

Ironic..I’ve mentioned it here recently and am in market for new washing machine. Between already existing Union government diktats and incredibly cheesy way manufacturers try to comply, it is a total cluster Biden. Damn these people all to hell!


14 posted on 01/16/2024 9:53:50 AM PST by Bonemaker (invictus maneo)
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To: EinNYC

SQ about the only decent ones left but are expensive and have small drum.


15 posted on 01/16/2024 9:55:20 AM PST by Bonemaker (invictus maneo)
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To: Bonemaker
SQ about the only decent ones left but are expensive and have small drum.

You can pack that drum with clothes, as it has its own transmission. It's made in America, not like the Samsung, etc. junk. Yeah, they're expensive, but supposed to last 20+ years. Even the Whirlpool gas dryer I replaced was 20 years old and still (sort of) working. I just love how CLEAN it gets my clothes (I have the 5003 model), how well it rinses them vs. my old GE washer, and how well the dryer works.

16 posted on 01/16/2024 9:58:53 AM PST by EinNYC
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The Rats are #ing insane, miserable control freaks that have no place in an otherwise free society.


17 posted on 01/16/2024 10:10:48 AM PST by Gene Eric (Don't be a statist! )
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To: EinNYC

My experience with Whirlpool is a bad one. 18 months in the ice maker in the fridge stopped working. $450 to fix their known design flaw. Main harness needed replaced. Parts have been falling off of it ever since.
The dishwasher is a basket case. Parts began falling off of it almost immediately. I’ve made a little pile of those. It stopped working after 3 years. The stove and microwave still work but they are crap. Especially the stove


18 posted on 01/16/2024 10:11:39 AM PST by subterfuge (I'm a pure-blood!)
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To: subterfuge
My experience with Whirlpool is a bad one.

The Whirlpool washer is one I inherited when I bought my house. It was about 8 years old. Very unimpressive performance. I replaced the Whirlpool side by side fridge in the kitchen (the icemaker took up a third of the freezer and I didn't even use ice, the freezer door was missing a shelf, and I hated the narrow but deep side by side design) with a GE, replaced the gas cooktop with a GE gas stove which has an air fryer and griddle, and so far, have only had to have a light control in the fridge replaced already. It was still under warranty, so no problem. But I was unhappily surprised that I needed a replacement part after only a few months. I removed the dishwasher from my kitchen. I needed cabinet space more than I needed a dishwasher.

19 posted on 01/16/2024 10:17:25 AM PST by EinNYC
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To: moovova

LOL!

That was my Grandma’s basement!

She always made her noodles, bread and sausage from scratch. Canned all her fruits and vegies.


20 posted on 01/16/2024 10:19:28 AM PST by lizma2
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