ELR Citation: 41 ELR 20267
No(s). 10-1533 (4th Cir. Aug 16, 2011)

The Fourth Circuit denied a petition challenging a DOE rule setting forth energy conservation standards for small electric motors. The motors covered by the rule are electric induction motors ranging in power output from 0.25 to 3 horsepower. In promulgating the rule, the DOE invoked its authority to establish energy conservation standards for "small electric motors," a term defined by the Energy Policy and Conservation Act. An electronics association filed a petition for review, arguing that the statutory definition of a small electric motor unambiguously excludes all electric induction motors exceeding 1 horsepower, as well as certain motors rated at and less than 1 horsepower. But the statutory definition does not unambiguously incorporate such a limitation. Moreover, DOE's interpretation was a reasonable policy choice for the agency to make. Accordingly, the petition for review was denied.