23-state coalition challenges new federal washing machine rules

(The Center Square) – Florida Attorney General Ashley Moody is leading a coalition of 23-state attorneys general opposing another Biden administration home appliance rule, this time on washing machines.

They did so as the U.S. House of Representatives is poised to vote this week on two bills that would curtail the Biden administration’s regulation of dishwashers and refrigerators, among other household appliances. Republicans say the regulations would only make costs even higher and less affordable than they already are, The Center Square reports. House Democrats have been encouraged to vote against the bills, arguing they are a political stunt.

The U.S. Department of Energy’s new washing machine regulation is “the latest abuse of the livelihoods of middle-class Americans,” Moody said. The administration is now “sneaking into the laundry room, trying to continue its radical energy policies by implementing harmful and costly washing machine standards.”

A coalition of attorneys general sent a letter to DOE Secretary Jennifer Granholm asking her to either abandon the new rule issued by DOE or “enter into a notice and comment rulemaking process” before it is enacted.

DOE proposed new energy efficiency standards for home washing machines in March 2023 via a new federal rule as part of an overall energy conservation program. DOE received numerous comments supporting and opposing it, and after months of stalemate, the rule was not adopted. Advocacy organizations and home appliance manufacturers then agreed on a joint statement in September 2023, and DOE finalized the rule in March 2024.

The Energy Policy and Conservation Act “grant DOE the authority to regulate home washing machines for the purpose of conserving energy,” the attorneys general explain. “This grant of authority is not unlimited. DOE must also consider the economic burden that such regulation would impose on consumers and producers and whether such burden is economically justified.”

Under the act, DOE “may issue a direct final rule only if a joint statement is submitted by interested parties that honestly represent their respective viewpoints and meet the standards,” they said. Because the joint statement “was the result of administrative arm-twisting, it did not address the issues raised by important stakeholders during the comment period on the proposed rule,” they wrote to Granholm.

The Home Appliance Manufacturers Association stressed that the rule would “eliminate features available to consumers, limit choice, significantly increase costs, and/or negatively impact product performance.”

A study with Bellomy Research found that the law would negatively impact low-income households. More than half of American households would not be able to afford a more energy-efficient washing machine, the study found, leading to them buying used machines or none at all.

Whirlpool argues that the rule is not economically justified. Its research shows a 25% increase in costs to consumers and a potential 31% loss in the industry’s net present value, which could result in the loss of more than 8,000 American jobs. It also criticized the DOE for failing to conduct a supply chain analysis in North America.

The joint statement includes advocacy groups such as the Alliance for Water Efficiency, the Natural Resource Defense Council, Earthjustice and others that “do not represent the interests of ordinary consumers, and their concerns should not be given significant weight by DOE,” the attorneys general argue.

While states like California and Massachusetts support the rule, “many states do not,” the 23 attorneys general argue. “DOE cannot cherry-pick states with which it is politically aligned in order to bypass the normal rulemaking process.”

Referring to the rule as “Biden’s war on washing machines,” Louisiana Attorney General Liz Murrill said the president “continues his attack on the citizens of Louisiana. This time, his bureaucratic tyrants want to dictate how clothes are washed and dried. I will continue to oppose these ill-conceived rules that only hurt hard-working Louisianans and the way they run their households.”

U.S. Rep. Debbie Lasko, R-Ariz., who introduced the Hands Off Our Home Appliances Act, said she was “saddened that we need a bill like this.” After the U.S. House passed the bill in May, she said, “No government bureaucrat should ever plan to take away Americans’ appliances in the name of a radical environmental agenda, yet that’s exactly what we’ve seen under the Biden administration.”

The bill would require any new energy efficiency standards to be cost-effective and prevent the federal government from banning home appliances based on fuel economy. It is unlikely to pass the Democratic-controlled Senate.

Depending on Granholm’s response, the coalition will likely file a lawsuit in federal court asking to stop the rule from taking effect, arguing it is unlawful.