AG Becerra Sues Department of Energy for Rollback of Energy Efficiency Standards for Lightbulbs

SACRAMENTO, Nov. 4, 2019 – California Attorney General Xavier Becerra and New York Attorney General Letitia James today, leading a coalition of 16 attorneys general and the City of New York, filed a lawsuit against the Department of Energy (DOE) challenging its final rule rolling back energy efficiency standards for certain lightbulbs. The lawsuit alleges that the rollback of the energy efficiency requirements for certain lightbulbs would unlawfully delay the adoption of energy efficiency goals, undermine state and local energy policy, and increase consumer and environmental costs.

“The Trump Administration needs to move on from old-fashioned technologies and yesterday’s way of doing business. It’s time to face the reality that American consumers deserve and demand more efficient and sustainable options,” said Attorney General Becerra. “Today we filed this lawsuit to block the Department of Energy from pushing a foolish agenda that prioritizes out-dated, polluting technology over the needs of the people and our environment. We can’t afford to turn our back on progress.”

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On May 3, 2019, the attorneys general submitted official comments on the DOE rollback proposal. They asserted that DOE should maintain the stricter, environmentally sound definitions enacted by the Obama Administration in 2017, which expanded the definition of general service lamps (GSLs) to include seven previously unregulated types of light bulbs. By including those types of bulbs as GSLs, the 2017 definitions subject them to the congressionally-imposed GSL minimum standard of 45 lumens per watt applicable on January 1, 2020. The rollback would remove those lightbulbs from the GSL efficiency, costing consumers $12 billion each year in lost electricity savings by 2025, or $100 per household per year.

By reversing the 2017 rules, the DOE is enacting a less stringent standard in violation of the Energy Policy and Conservation Act. This action is arbitrary, capricious, and unlawful under the Administrative Procedure Act.

Joining Attorneys General Becerra and James in filing the lawsuit are the attorneys general of Colorado, Connecticut, Illinois, Massachusetts, Maryland, Maine, Michigan, Minnesota, New Jersey, Nevada, Oregon, Vermont, Washington, and the District of Columbia.

Additionally, the coalition submitted comments opposing DOE’s related proposal to not amend (and strengthen) energy efficiency standards for common pear-shaped incandescent light bulbs. According to DOE’s own analysis, if DOE were to adopt strengthened energy efficiency standards for these bulbs, the net present value of the benefits to the nation would equal up to $4.171 billion.

A copy of the petition and the comment letter can be found attached to the press release here.

Attorney General Becerra has fought to preserve energy efficiency standards which save consumers and help protect the environment. In 2017, Attorney General Becerra sued to challenge DOE’s failure to publish finalized energy efficiency standards for portable air conditioners, generators, air compressors, boilers, and walk-in coolers and freezers. A district court ruled in 2018 that DOE’s action was unlawful, and the Ninth Circuit Court of Appeals affirmed the ruling in 2019. Also in 2017, as part of a multistate coalition, Attorney General Becerra filed a lawsuit in the Second Circuit Court of Appeals challenging DOE’s unlawful delay of enforcement of energy efficiency standards for ceiling fans. As a result of the lawsuit, DOE changed course and let the standards go into effect.