Texas Attorney General Ken Paxton joined a multistate lawsuit against the Biden-Harris Administration, suing the U.S. Department of Energy (“DOE”) in the U.S. Court of Appeals for the Fifth Circuit over a final rule that unlawfully imposes burdensome regulatory requirements on conventional stoves and ovens.
In February 2023, DOE proposed energy conservation standards for appliances that would functionally ban most gas stoves. After widespread outcry from consumers and industry leaders, DOE issued a slightly less stringent direct final rule that nevertheless failed to adequately respond to objections and would still place substantial economic and financial burden on American families.
Further, the DOE issued the direct final rule without any opportunity for public comment and without the support of a large majority of States, which is a statutory requirement. By using this bureaucratic maneuver, the DOE unlawfully excluded States, manufacturers, and the American people from participating in the federal rulemaking process. Attorney General Paxton and the multistate coalition asked the Fifth Circuit to open a review of the process.
“The Biden-Harris Administration’s crusade against kitchen appliances hurts American families at a time when their policies have already made the cost-of-living skyrocket,” said Attorney General Paxton. “If this rule targeting gas stoves takes effect, they will have unconstitutionally forced yet another component of their so-called ‘energy transition’ agenda onto our country without the public’s input.”
To read the petition, click here.