Gas Vented Hearth Products Rules Overturned in Court
Feb 21, 2013
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The Hearth, Patio & Barbecue Association (HPBA) and the National Propane Gas Association (NPGA) won a big victory in their two-year battle to overturn regulatory requirements for vented gas hearth products.
The U.S. Court of Appeals for the D.C. Circuit sided with HPBA and NPGA on a Petition for Review filed against two Final Rules issued by the Department of Energy (DOE).
The court found on Feb. 8, 2013, that DOE exceeded its authority in regulating a new class of products without following required procedure. The court struck the definition of "vented hearth heater" from the DOE rulemakings.
HPBA said the decision eliminates onerous regulatory requirements imposed by two DOE Final Rules affecting vented gas fireplaces, inserts, and gas log sets--75 Fed. Reg. 20112 and 76 Fed. Reg. 71836.
"We are gratified that the court agreed that the Department of Energy over-stepped its bounds in regulating these products," said Jack Goldman, president and CEO of HPBA.
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