The Biden administration's decision to increase the efficiency of dishwashers and washing machines was deemed "arbitrary and capricious" by a judge after 11 Republican-controlled states sued over rule changes.
In his ruling Monday, Judge Andrew Oldham of the U.S. Court of Appeals said it was unclear whether the Department of Energy (DOE) had the legal authority to regulate water use at such facilities and that the new rules he proposed may not result in one would lead to reduction in water consumption.
In March, the Energy Ministry announced that it would introduce new energy efficiency measures from 2027.
Thanks to dishwashers, it is expected that over the next thirty years users will be able to save $3 billion and 240 billion liters of water, or about 360,000 Olympic swimming pools, and avoid the release of 12.5 million tons of CO2 into the air.
Energy Secretary Jennifer Granholm said at the time that the department was “using every tool at our disposal to save Americans money while promoting innovations that would reduce carbon pollution and combat the climate crisis.”
Critics of the changes, however, argued that the administration was interfering with consumer products. The decision came amid outrage from Republicans over concerns he wanted to ban gas stoves. These were rejected, but still cited as part of the narrative that climate change policies were being used to restrict Americans' freedoms.
Based on this decision, the Department of Energy amended regulations for dishwashers and washing machines by repealing a 2020 rule that exempted short-cycle appliances from existing requirements, resulting in a regulatory review.
“There is no fourth branch of government enshrined in the Constitution of the United States,” wrote Missouri Attorney General Andrew Bailey, one of the study’s authors, after the court decision. “Federal officials can’t just tell you what type of equipment you should use.”
Newsweek reached out to the Department of Energy via email Tuesday for comment.
In his ruling, Oldham said that Congress did not appear to have given the Department of Energy the authority to regulate water use in devices that also use energy. Instead, it was given the authority to regulate energy consumption and water consumption in energy-consuming devices. They don't require energy like faucets and shower heads.
The Trump-appointed judge further argued that even if the Department of Energy had such regulatory authority, it "did not adequately consider the adverse consequences" of its changes, such as causing consumers to use more water to clean unwashed items properly were cleaned according to energy saving principles Cycles.
Oldham concluded, based on administrative evidence, that there was "sufficient evidence" that the standards made consumers' water use less efficient. However, the Energy Department argued in a May advisory that devices would need to meet a minimum purity threshold to meet its standards.
“[The revised standards] force Americans to use more energy and water for one simple reason: ‘Energy efficient’ appliances don’t work,” Oldham wrote. “Americans who want clean dishes or clothing can use more energy and more water to pre-clean, scrub, or hand-wash their items before, after, or instead of using DOE-regulated equipment.”The matter has been referred to the Ministry of Energy for consultation.
Since entering the White House, President Joe Biden has sought to address the causes of climate change in government while pushing for a transition to renewable energy. Monday's decision underscores that the Energy Department's changes to water efficiency are the result of a regulation issued the day he took office.