Insights

As the Biden Administration enters its third year, now with a party split in Congress, it seems likely that the Administration will redouble its focus on executive branch regulatory tools that can be used to achieve energy-related policy objectives, including with respect to energy efficiency and reducing carbon emissions. For manufacturers and importers of appliances and certain other consumer, lighting, plumbing and commercial and industrial products, that means the potential for additional scrutiny of their products’ compliance with the Department of Energy’s (DOE) conservation standards for energy and water efficiency. It also likely means a commensurate increase in DOE enforcement activity for non-compliance with the applicable efficiency standards or the associated test procedures required to demonstrate compliance, as well as registration and labeling requirements. Given the magnitude of the penalties associated with violating efficiency standards, currently $503 per violation, which can quickly run into multiple millions of dollars across noncompliant units, manufacturers and importers should consider refamiliarizing themselves with DOE’s conservation standards regime.

On May 26, 2022, the U.S. Environmental Protection Agency’s (EPA) Office of General Counsel released an updated survey of legal authorities that can be used to implement President Biden’s environmental justice agenda and address the disproportionate impact of pollution on underserved communities.

On November 15, President Biden signed into law the Infrastructure Investment and Jobs Act (“Infrastructure Act”), which reauthorizes various surface transportation programs and allocates $550 billion for new infrastructure spending over the next five years. Notably, the legislation also includes provisions requiring the Secretary of Transportation (“Secretary”) to establish a number of vehicle safety standards, and various federal agency officials to conduct vehicle safety studies.