Thirteen AGs Filed Comments Opposing Proposal to Create Energy Efficiency Carve-Out for Certain Dishwashers

California Attorney General Xavier Becerra led a coalition of 13 attorneys general in filing comments in opposition to a proposal by the Energy Department to create a new product class under the Energy Policy and Conservation Act (EPCA) for residential dishwashers with wash cycle times of less than one hour. Under the proposal, dishwashers within the new product class would not be subject to energy efficiency or water conservation standards. The comments emphasized that the proposal violates the EPCA’s anti-backsliding provision, and that the Energy Department’s justification for the proposal rests on a provision of the statute that “cannot be construed to allow [the Energy Department] to prospectively establish product classes as an end-run around EPCA’s prohibition against backsliding.”

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