Wiley has extensive experience concerning energy efficiency requirements governing a wide range of consumer and other products. We work with trade associations and companies on the development and modification of mandatory and voluntary standards programs and related testing procedures and regulations issued by the Department of Energy (DOE), EPA’s Energy Star Program, and state regulatory authorities such as the California Energy Commission.

Our work also includes standards setting by trade associations and international organizations devoted to such matters and the establishment and managed of related certification programs. We advise clients regarding the applicability of testing and efficiency standards to their products and advocate on clients’ behalf regarding rule exceptions and waiver requests. In addition we represent clients in energy efficiency legislation and agency rulemaking before the DOE, the Federal Trade Commission (FTC), and state agencies. Our work also includes enforcement proceedings and litigation at the federal and state level.

Representative Recent Experience:

  • Advising wireless manufacturer regarding energy efficiency exemption proceedings before DOE
  • Advising electronics manufacturer in comments regarding proposed rulemaking to establish energy efficiency standards for manufacturer’s products.
  • Representing clients in DOE, Energy Star, and state rule-makings on establishment of standards, test procedures, and other rules for consumer products and industrial equipment.
  • Advising clients on application of DOE, FTC, Energy Star, and state energy efficiency rules and represented them in agency enforcement proceedings concerning compliance. 
  • Obtaining exceptions for innovative products from DOE standards and obtained waivers of DOE test procedures where existing test procedures were inappropriate for a product.
  • Representing clients in litigation on the validity of federal and state energy requirements.  This has included such issues as whether federal rules meet the requirements of the governing federal statute and whether state rules are preempted by federal law.

Contact Us

Tracy Heinzman
202.719.7106 | theinzman@wiley.law

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