Federal Court Rejects Energy Efficiency Rollback

Attorney General Spitzer today hailed a federal appeals court decision rejecting an attempt by the Bush Administration to roll back energy efficiency standards. The ruling, based on a lawsuit filed by a coalition of states led by Spitzer's office, was cited as a major victory for the environment.

"Energy conservation makes economic and environmental sense and should be the cornerstone of any sensible energy policy," said Attorney General Spitzer. "When we can so clearly see the difficulties posed by our dependence on foreign oil and the global harms caused by burning fossil fuels, it is unconscionable that the Bush Administration sought to weaken a common-sense measure to reduce electricity use."

Also involved in the lawsuit to preserve the stricter energy conservation regulations are: California Attorney General Bill Lockyer, Connecticut Attorney General Richard Blumenthal, Maine Attorney General G. Steven Rowe, Massachusetts Attorney General Tom Reilly, Nevada Attorney General Brian Sandoval, New Jersey Attorney General Peter C. Harvey, New Hampshire Attorney General Peter W. Heed, Rhode Island Attorney General Patrick C. Lynch, Vermont Attorney General William H. Sorrell, the Natural Resources Defense Council and a host of environmental and consumer groups.

Natural Defense Resources Council senior attorney Katherine Kennedy said: "New York Attorney General Spitzer deserves special thanks for his leadership on this issue, which was crucial to winning the day in court."

The Energy Policy and Conservation Act requires the Department of Energy to set efficiency standards for major appliances at the highest level that is technologically feasible and economically justified. The standards for large central air conditioners and heat pumps, that are installed in 85 percent of new homes and account for up to 30 percent of electricity consumption during peak periods (or more in some areas), were due out originally in 1994. The Department of Energy released the efficiency standards in early 2001 that would result in at least a 30 percent energy savings on such appliances. The Bush administration, within the first few days of taking office, first delayed and then withdrew these standards and replaced them with ones requiring only a 20 percent improvement. Given the vast numbers of air conditioners and the large amount of electricity they use, the Bush Administration's weaker standard would require according to the Department of Energy's own numbers at least 3.9 more gigawatts of energy over the next 20 years, the output of 10 power plants.

The stronger standards will result in less electricity being needed especially on hot summer days when massive amounts of power are used for air conditioning and other purposes. It is anticipated that the reduced energy demand will cut air pollution and global warming and will save New York consumers millions on their utility bills.

The case was handled by Assistant Attorney General Scott Bassinson and Environmental Protection Bureau Chief Peter Lehner.

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