Fight over DOE efficiency standards arrives at Supreme Court

By Lesley Clark | 01/22/2026 06:17 AM EST

Gas industry associations want the justices to invalidate a Biden-era furnace and water heater rule.

The Department of Energy in Washington.

The Department of Energy in Washington on May 1, 2015. Jacquelyn Martin/AP

Groups that represent gas companies are asking the Supreme Court to strike down Biden-era Department of Energy rules that tightened standards for gas-powered commercial water heaters and consumer furnaces.

The American Gas Association, American Public Gas Association and National Propane Gas Association filed a petition Tuesday asking the high court to reverse a 2-1 decision by the U.S. Court of Appeals for the District of Columbia Circuit blocking the sale of non-condensing natural gas furnaces and commercial water heaters.

The groups argued that non-condensing furnaces — which make up approximately 55 percent of the market for natural gas furnaces — cannot be replaced and that their removal from the market would mean costly renovations or the elimination of gas as a home heating option. They also argued that failure to reverse the D.C. Circuit could lead to further bans on natural gas appliances through the use of efficiency standards.

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“Families will be told they must spend extra money to retrofit their home or switch to electricity and pay higher monthly energy bills,” American Gas Association President and CEO Karen Harbert said in a statement. “This scenario is why the law does not allow the government to use efficiency rulemakings to eliminate products that consumers need to be able to access.”

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