Case 1:20-cv-09362-JMF Document 102 Filed 09/20/22 Page 1 of 25
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF NEW YORK
`NATURAL RESOURCES DEFENSE
`COUNCIL, CENTER FOR BIOLOGICAL
`DIVERSITY, CONSUMER FEDERATION OF
`AMERICA, MASSACHUSETTS UNION OF
`PUBLIC HOUSING TENANTS, PUBLIC
`CITIZEN, and SIERRA CLUB,
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`Plaintiffs,
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`and
`
`ASSOCIATION OF HOME APPLIANCE
`MANUFACTURERS, and AIR-
`CONDITIONING, HEATING &
`REFRIGERATION INSTITUTE,
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`Plaintiff-Intervenors,
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`
`
`v.
`
`JENNIFER M. GRANHOLM, as Secretary Of
`The United States Department Of Energy, and
`UNITED STATES DEPARTMENT OF
`ENERGY,
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`Defendants.
`
`
`STATES OF NEW YORK, CALIFORNIA,
`COLORADO, CONNECTICUT, ILLINOIS,
`MAINE, MARYLAND, MINNESOTA, NEW
`JERSEY, OREGON, VERMONT, AND
`WASHINGTON, COMMONWEALTH OF
`MASSACHUSETTS, PEOPLE OF THE STATE
`OF MICHIGAN, DISTRICT OF COLUMBIA,
`CITY OF NEW YORK, COMMONWEALTH
`OF PENNSYLVANIA, AND STATES OF
`NEVADA AND NEW MEXICO,
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`Plaintiffs,
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`and
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`ASSOCIATION OF HOME APPLIANCE
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`
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`No.: 20-cv-9127 (JMF)
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`No.: 20-cv-9362 (JMF)
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`Case 1:20-cv-09362-JMF Document 102 Filed 09/20/22 Page 2 of 25
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`MANUFACTURERS, and AIR-
`CONDITIONING, HEATING &
`REFRIGERATION INSTITUTE,
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`Plaintiff-Intervenors,
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`
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`v.
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`JENNIFER M. GRANHOLM, as Secretary Of
`The United States Department Of Energy, and
`UNITED STATES DEPARTMENT OF
`ENERGY,
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`Defendants.
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`CONSENT DECREE
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`WHEREAS, on October 30, 2020, Plaintiffs Natural Resources Defense Council, Center
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`for Biological Diversity, Consumer Federation of America, Massachusetts Union of Public
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`Housing Tenants, Public Citizen, and Sierra Club (collectively “Public Interest Plaintiffs”) filed a
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`complaint in the United States District Court for the Southern District of New York (“Court”)
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`against Defendants Jennifer Granholm,1 in her official capacity as United States Secretary of
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`Energy, and the United States Department of Energy (collectively “DOE”);
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`WHEREAS, on November 9, 2020, Plaintiffs States of New York, California, Colorado,
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`Connecticut, Illinois, Maine, Maryland, Minnesota, New Jersey, Oregon, Vermont, Washington,
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`the Commonwealth of Massachusetts, the People of the State of Michigan, the District of
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`Columbia, and the City of New York (collectively “State Plaintiffs”) filed a complaint in the
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`Court against DOE;
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`WHEREAS on January 29, 2021, State Plaintiffs filed an amended complaint to include
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`as additional state plaintiffs the Commonwealth of Pennsylvania and the States of New Mexico
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`and Nevada;
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`Secretary Granholm is automatically substituted as a defendant for former Secretary Dan
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`Brouillette pursuant to Federal Rule of Civil Procedure 25(d).
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`Case 1:20-cv-09362-JMF Document 102 Filed 09/20/22 Page 3 of 25
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`WHEREAS, on March 23, 2021, the Court entered a Stipulation and Order (the
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`“Intervention Stipulation”) permitting the Association of Home Appliance Manufacturers and
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`Air-Conditioning, Heating & Refrigeration Institute (collectively, “Plaintiff-Intervenors”) to
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`participate, with specified conditions, as Plaintiff-Intervenors in these two civil actions, Dkt.
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`No. 34, 20 Civ. 9127, Dkt. No. 53, 20 Civ. 9326;
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`WHEREAS, Plaintiff-Intervenors filed a Complaint in Intervention in each of these
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`actions on March 26, 2021 Dkt. No. 35, 20 Civ. 9127, Dkt. No. 55, 20 Civ. 9326;
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`WHEREAS, the Public Interest Plaintiffs, State Plaintiffs, and Plaintiff-Intervenors
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`(collectively, the “Plaintiffs”) have alleged that DOE has failed to publish final rules concerning
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`energy conservation standards for 25 categories of consumer products and industrial equipment
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`by the respective deadlines specified by the Energy Policy and Conservation Act, as amended
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`(“EPCA”), 42 U.S.C. §§ 6291–6317;
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`WHEREAS, DOE signed a final rule concerning energy conservation standards for one
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`of these categories, fluorescent lamp ballasts, on December 4, 2020, which was published in the
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`Federal Register at 85 Fed. Reg. 81,558 (Dec. 16, 2020);
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`WHEREAS, DOE signed a final rule concerning energy conservation standards for a
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`second of these categories, small electric motors, on January 6, 2021, which was published in the
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`Federal Register at 86 Fed. Reg. 4885 (Jan. 19, 2021);
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`WHEREAS, DOE signed a final rule concerning energy conservation standards for a
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`third of these categories, evaporatively-cooled commercial package air conditioners and water-
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`cooled commercial package air conditioners, on July 8, 2021, which was published in the Federal
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`Register at 86 Fed. Reg. 37,001 (July 14, 2021);
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`WHEREAS, DOE signed a final rule concerning energy conservation standards for a
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`fourth of these categories, metal halide lamp fixtures, on October 20, 2021, which was published
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`Case 1:20-cv-09362-JMF Document 102 Filed 09/20/22 Page 4 of 25
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`in the Federal Register at 86 Fed. Reg. 58,763 (Oct. 25, 2021);
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`WHEREAS, DOE signed a final rule concerning energy conservation standards for a fifth
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`of these categories, direct heating equipment, on November 23, 2021, which was published in the
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`Federal Register at 86 Fed. Reg. 66,403 (Nov. 23, 2021);
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`WHEREAS, with respect to the remaining 20 categories of consumer products and
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`industrial equipment that are the subject of the Public Interest Plaintiffs’ complaint and the State
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`Plaintiffs’ amended complaint, EPCA prescribes deadlines and other requirements for final rules
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`concerning energy efficiency standards; and
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`WHEREAS, the Public Interest Plaintiffs, the State Plaintiffs, the Plaintiff-Intervenors,
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`and DOE (each a “Party” and collectively the “Parties”) agree that it is in the public interest,
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`and the interest of judicial economy, to resolve claims without further litigation, as provided
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`herein, and that this Consent Decree is a fair, just, sufficient, and equitable resolution of the
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`claims asserted by the Plaintiffs;
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`NOW THEREFORE, it is hereby ORDERED, ADJUDGED, and DECREED as follows:
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`1.
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`The Court has jurisdiction over the claims set forth in the Public Interest
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`Plaintiffs’ complaint and the State Plaintiffs’ amended complaint and the Plaintiff-Intervenors’
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`Complaints in Intervention. The Court has jurisdiction to enter this Consent Decree and,
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`pursuant to the Consent Decree, has jurisdiction to order the relief contained herein.
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`2.
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`These two civil actions are consolidated for the purpose of entry of this Consent
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`Decree and any further proceedings in these matters. All future filings shall be made only in
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`Natural Resources Defense Council v. Granholm, 20 Civ. 9127.
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`3.
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`This Consent Decree applies to, is binding upon, and inures to the benefit of the
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`Parties (and their successors, assigns, and designees).
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`4.
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`For each of the 20 categories of consumer products and industrial equipment
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`listed in the below table, DOE shall sign and post on DOE’s publicly accessible website the
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`document that, when effective, represents a final agency action pertaining to energy conservation
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`standards (hereinafter, “Agency Action Document”) for that particular category of consumer
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`product or industrial equipment no later than the corresponding deadline listed in the below
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`table:
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`Deadline
`Product Category
`June 30, 2023
`Computer Room Air Conditioners
`June 30, 2023
`Pool Heaters
`July 30, 2023
`Commercial Water Heaters
`July 30, 2023
`Room Air Conditioners
`August 31, 2023
`Dedicated Outdoor Air Systems
`August 31, 2023
`Microwave Ovens
`Variable Refrigerant Flow Air Conditioners and Heat Pumps August 31, 2023
`Non-Weatherized and Mobile Home Gas Furnaces
`September 30, 2023
`Residential Clothes Dryers
`February 29, 2024
`Residential Refrigerators and Freezers
`December 30, 2023
`Conventional Cooking Products
`January 31, 2024
`Residential Clothes Washers
`February 29, 2024
`Electric Motors
`April 30, 2024
`Residential Water Heaters
`April 30, 2024
`Distribution Transformers
`June 30, 2024
`Residential Dishwashers
`June 30, 2024
`Furnace Fans
`October 31, 2024
`Oil Furnaces and Weatherized Gas Furnaces
`October 31, 2024
`Walk-In Coolers and Freezers
`November 30, 2024
`Commercial Refrigeration Equipment
`November 30, 2024
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`5.
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`For purposes of Paragraph 4, an Agency Action Document is a rulemaking
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`document prepared by DOE under EPCA that, upon that document’s effective date, either:
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`(a) amends energy conservation standards; (b) establishes new energy conservation standards; or
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`(c) conveys DOE’s determination to not amend energy conservation standards.
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`6.
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`Further, for purposes of Paragraph 4, the posting on DOE’s publicly accessible
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`website of an Agency Action Document, including any Agency Action Document subject to the
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`error correction procedures at 10 C.F.R. §§ 430.5, 431.3 (or any subsequent amendments
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`thereto), satisfies DOE’s obligation to “sign and post . . . the document that, when effective,
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`represents a final agency action pertaining to energy conservation standards,” provided that:
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`(a)
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`For any Agency Action Document not subject to the error correction
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`procedures at 10 C.F.R. §§ 430.5, 431.3 (or any subsequent amendments thereto), DOE transmits
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`the Agency Action Document within 30 days of its signing to the Office of the Federal Register
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`(“OFR”) for publication and DOE does not take any action that would delay or preclude
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`publication of the transmitted document in the Federal Register (other than as necessary to
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`correct any typographical errors or other errors of form); and
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`(b)
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`For any Agency Action Document that is subject to the error correction
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`procedures at 10 C.F.R. §§ 430.5, 431.3 (or any subsequent amendments thereto), DOE transmits
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`the Agency Action Document (or an amended version thereof if necessary changes are identified
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`during the error correction process) to the OFR for publication within 75 days of signing the
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`Agency Action Document, and DOE does not take any action that would delay or preclude
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`publication of the transmitted document in the Federal Register (other than as necessary to
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`correct any typographical errors or other errors of form).
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`7.
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`If, subsequent to the entry of this Consent Decree by the Court, there is adopted
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`an amendment to Standard 90.1 as published by the American Society of Heating, Refrigerating
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`and Air-Conditioning Engineers (“ASHRAE”) that would, for any category of industrial
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`equipment listed in Paragraph 4, trigger the process required by 42 U.S.C. § 6313(a)(6)(A)–(B),
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`then the deadline for the affected category of industrial equipment shall be the later of: (a) the
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`date listed in Paragraph 4; or (b) the date calculated pursuant to 42 U.S.C. §§
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`6313(a)(6)(A)(ii)(I)–(II) and 6313(a)(6)(B)(i), unless the Parties agree to a different deadline in
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`accordance with the modification procedures in Paragraph 11 of this Consent Decree.
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`8.
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`If, subsequent to the entry of this Consent Decree by the Court, there is a
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`change in statute or a judicial decision of any court that DOE concludes would preclude DOE
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`from completing a document required by Paragraph 4 using the factual analysis, legal
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`rationale, or rulemaking procedures DOE was intending for that rulemaking, the following
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`procedures shall apply:
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`(a) Within 30 days of the enactment of such a statute, or within 30 days of the
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`issuance of the judicial decision by a court, DOE shall transmit to the Public Interest Plaintiffs,
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`State Plaintiffs, and Plaintiff-Intervenors a written notice that: (i) identifies the specific change
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`in statute or judicial decision; (ii) identifies which rulemaking(s) of the categories of consumer
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`products and industrial equipment in Paragraph 4 are impacted by this change in statute or
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`judicial decision; (iii) briefly summarizes how the change in statute or judicial decision impacts
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`DOE’s ability to complete the rulemaking by the deadline specified in Paragraph 4; and (iv)
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`proposes a substitute deadline for each category of consumer products and industrial equipment
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`identified in the notice.
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`(b) Within 15 days of receiving the notice required by Subparagraph 8(a), the
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`Parties shall meet and confer in good faith about the need for, and selection of, a substitute
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`deadline for each category of consumer products and industrial equipment identified in DOE’s
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`notice. If the Parties are able to agree on a substitute deadline, the Parties shall amend the
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`Case 1:20-cv-09362-JMF Document 102 Filed 09/20/22 Page 8 of 25
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`deadline in Paragraph 4 in accordance with the modification procedures for stipulations in
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`Paragraphs 11 and 12 of this Consent Decree.
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`(c)
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`If, 30 days after initiating the meet-and-confer process required by
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`Subparagraph (b), the Parties are unable to agree on the need for, or selection of, a substitute
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`deadline, DOE may file with the Court a motion to modify the relevant deadline in Paragraph 4.
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`If the Parties disagree on the need for a substitute deadline for any category of consumer
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`products and industrial equipment identified in DOE’s motion, or agree on the need for a
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`substitute deadline but disagree on the date of the substitute deadline, the Court shall, after
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`consideration of the motion and any response filed by Public Interest Plaintiffs, State Plaintiffs,
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`or Plaintiff-Intervenors, and any reply by DOE, decide whether a substitute deadline is
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`warranted and, if so, decide what the substitute deadline will be. For purposes of this Paragraph,
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`the Parties stipulate that at the time of entering this Consent Decree, the Parties are not aware of
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`specific legislation or cases that they currently anticipate would result in a change of law that
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`would make DOE’s compliance with any deadline in Paragraph 4 substantially more onerous or
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`unworkable; accordingly, no Plaintiff may oppose the relief sought by DOE in its motion on the
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`ground that any changed circumstances were anticipated at the time the Parties entered into this
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`Consent Decree. Plaintiffs otherwise preserve all grounds or bases for opposition to any motion
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`under this Subparagraph.
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`(d)
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`Any deadline established pursuant to Subparagraphs (b) and (c) may
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`subsequently be modified in accordance with the modification procedures for stipulations in
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`Paragraphs 11 and 12 of this Consent Decree.
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`9.
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`If DOE signs and posts an Agency Action Document for a category of
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`consumer products or industrial equipment required by Paragraph 4 by the deadline
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`Case 1:20-cv-09362-JMF Document 102 Filed 09/20/22 Page 9 of 25
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`applicable to that category provided by this Consent Decree, and the final agency action
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`pertaining to energy conservation standards represented by that Agency Action
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`Document is subsequently determined by a final judgment of any court to be legally
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`invalid either in whole or in part and the rulemaking is remanded in whole or in part to
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`DOE for further action, DOE shall not be in violation of its obligation to “sign and post”
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`the Agency Action Document by the deadline applicable to that category provided by
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`Paragraph 4 of this Consent Decree. However, the Plaintiffs retain their right to seek
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`appropriate relief, including but not limited to the establishment of additional deadlines,
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`either by motion or by commencing new litigation pursuant to EPCA. DOE reserves all
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`defenses to such motion or separate action.
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`10.
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`Nothing in this Consent Decree precludes DOE from signing and posting an
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`Agency Action Document for a category of consumer products or industrial equipment prior to
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`the respective deadline provided in Paragraph 4.
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`11.
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`Notwithstanding any other provisions of this Consent Decree, the terms of this
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`Consent Decree may be modified either by: (a) written stipulation of the Parties approved by the
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`Court; (b) as provided in Paragraph 12 below; or (c) by the Court upon a motion made pursuant
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`to the Federal Rules of Civil Procedure by DOE, the Public Interest Plaintiffs, or the State
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`Plaintiffs, and upon consideration of any response by a non-moving Party and reply by the
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`moving Party; provided, however, that this Consent Decree may not be modified to: (i) establish
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`new deadlines for any category of consumer products or industrial equipment that is not listed in
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`Paragraph 4; (ii) establish additional rulemaking deadlines for any category of consumer
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`products or industrial equipment listed in Paragraph 4 if the applicable deadline provided by this
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`Consent Decree has been satisfied by DOE; or (iii) establish a deadline for any category of
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`consumer products or industrial equipment earlier than the deadline provided in Paragraph 4.
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`12.
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`If DOE, the Public Interest Plaintiffs, and the State Plaintiffs are able to reach a
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`stipulated agreement on terms modifying this Consent Decree, those parties (the “Requesting
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`Parties”) may submit their stipulation to the Court and request that it be approved. However, at
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`least 14 days before filing any such written stipulation with the Court, the Requesting Parties
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`shall provide a copy of such stipulation to the Plaintiff-Intervenors for their review. After that
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`14-day period, the Requesting Parties may file the stipulation with the Court. Plaintiff-
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`Intervenors, unless they have consented to the stipulation in writing, may file a response to the
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`stipulation within 10 days and participate in any hearing regarding approval or entry of the
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`stipulation.
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`13.
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`Prior to filing any motion to modify this Consent Decree under Paragraph 11(c)
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`(except for a motion filed pursuant to Subparagraph 8(c)), the Party seeking the modification
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`shall first transmit to the other Parties a written notice that: (i) identifies the requested
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`modification; (ii) briefly summarizes the reason(s) justifying the modification; and (iii) requests
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`consent to the modification. Within 14 days of receiving this notice, the receiving Parties shall
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`each notify the requesting Party whether it consents to the modification or instead requests that
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`the Parties confer about the requested modification. If any Party requests to confer, the Parties
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`shall, within 15 days of such request, meet and confer in good faith with the objective of
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`reaching agreement before any motion to modify is filed with the Court. If, after 30 days of
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`initiating the meet-and-confer process, the Parties are unable to agree, the Party seeking
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`modification may file a motion to modify with the Court, to which any non-moving Party may
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`respond. Nothing in this Paragraph waives or limits any argument that any Party may make to
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`the Court in support of, or in opposition to, such motion. The deadlines set forth in this
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`Paragraph may be modified by agreement of the Parties without Court approval.
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`14.
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`The Court shall retain jurisdiction to interpret, implement, and effectuate
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`Case 1:20-cv-09362-JMF Document 102 Filed 09/20/22 Page 11 of 25
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`compliance with this Consent Decree, to resolve any disputes thereunder, and to consider any
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`requests for costs of litigation (including a request for reasonable attorneys’ fees the Public
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`Interest Plaintiffs or the State Plaintiffs).
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`15.
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`Prior to filing any motion to interpret, implement, or enforce the Consent
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`Decree, the Party intending to file such motion shall first transmit to the other Parties a written
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`notice that identifies the relief desired and briefly summarizes the reason(s) justifying the relief
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`sought. Within 15 days of receiving this notice, the Parties shall meet and confer in good faith
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`with the objective of reaching agreement before any motion is filed with the Court. If, after 30
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`days of initiating the meet-and-confer process, the Parties are unable to agree, the Party seeking
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`relief may file a motion with the Court, to which any non-moving Party may respond. Nothing
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`in this Paragraph waives or limits any argument that any Party may make to the Court in
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`support of, or in opposition to, such motion. The deadlines set forth in this Paragraph may be
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`modified by agreement of the Parties without Court approval.
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`16.
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`No motion or other proceeding seeking to interpret, implement, or enforce this
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`Consent Decree or for contempt of Court shall be properly filed unless the moving Party has
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`complied with the requirements of Paragraph 15.
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`17.
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`The Parties acknowledge and agree that the obligations imposed upon DOE under
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`this Consent Decree can only be undertaken using appropriated funds legally available for such
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`purpose and that DOE’s actions under this Consent Decree must be consistent with applicable
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`law. No provision of this Consent Decree requires, nor shall be interpreted or construed as
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`requiring, that DOE take any action that is inconsistent with or in contravention of: (a) the
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`Antideficiency Act, 31 U.S.C. § 1341, or any other applicable fiscal or procurement law or
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`regulation; (b) the Administrative Procedure Act, 5 U.S.C. §§ 551–559, 701–706; (c) EPCA,
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`42 U.S.C. §§ 6291–6317; or (d) any other applicable provision of law.
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`18.
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`Nothing in this Consent Decree shall be interpreted or construed as limiting or
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`modifying any discretion accorded to DOE by any laws, including EPCA, 42 U.S.C. §§ 6291–
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`6317, the Administrative Procedure Act, 5 U.S.C. §§ 551–559, 701–706, and any other statutes,
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`regulations, or principles of administrative law, in taking the actions that are the subject of this
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`Consent Decree—including, but not limited to: (a) the substance of any Agency Action
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`Document required by Paragraph 4; (b) the factors to be considered in proposing or adopting any
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`Agency Action Document required by Paragraph 4; or (c) the conduct of rulemakings for any
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`category of covered products or industrial equipment that is not the subject of this Consent
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`Decree.
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`19.
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`The Parties acknowledge and agree that the terms of this Consent Decree and the
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`settlement provided for herein are intended to compromise disputed claims and to avoid
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`litigation, and do not constitute and shall not be construed as an admission of any wrongdoing,
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`misconduct, or liability on the part of DOE.
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`20.
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`The Parties agree that this Consent Decree constitutes a complete and final
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`settlement of all claims asserted by the Plaintiffs in these consolidated actions against DOE. The
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`Plaintiffs therefore discharge and covenant not to sue the United States, including DOE, for such
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`claims; however, the Parties agree that this discharge and covenant not to sue shall not apply to
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`any claim that may arise if any final agency action pertaining to energy conservation standards
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`represented by an Agency Action Document required by Paragraph 4 is vacated or withdrawn.
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`21.
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`Nothing in this Consent Decree shall be interpreted or construed as precluding
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`any Plaintiff from participating in any of the rulemakings for the categories of consumer
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`products and industrial equipment listed in Paragraph 4, including, but not limited to, submitting
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`comments on proposed rules, participating in public meetings, and challenging pursuant to 42
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`Case 1:20-cv-09362-JMF Document 102 Filed 09/20/22 Page 13 of 25
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`U.S.C. §§ 6306 or 6316 any final agency action pertaining to energy conservation standards
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`represented by an Agency Action Document required by Paragraph 4.
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`22.
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`Nothing in this Consent Decree shall be construed to confer upon this Court
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`jurisdiction to review any final agency action pertaining to energy conservation standards
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`represented by an Agency Action Document signed and posted by DOE pursuant to this Consent
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`Decree.
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`23.
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`Nothing in this Consent Decree shall be interpreted or construed as admitting
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`any issue of fact or law, or limiting or waiving any claims, defenses, or arguments the Parties
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`may have related to any final agency action pertaining to energy conservation standards
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`represented by an Agency Action Document required by Paragraph 4 and taken by DOE
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`pursuant to this Consent Decree.
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`24.
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`Upon the completion of DOE’s obligations under Paragraph 4 and the publication
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`of all subject final actions in the Federal Register, DOE may move to have this Consent Decree
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`terminated. The Plaintiffs shall have 30 days in which to respond to such motion, unless the
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`Parties stipulate to a longer time for Plaintiffs to respond.
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`25.
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`The deadline for filing a motion for costs of litigation (including attorneys’ fees)
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`for activities performed prior to entry of the Consent Decree is extended until 90 days after this
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`Consent Decree is entered by the Court. Nothing in this Paragraph shall be construed as an
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`admission or concession by DOE that either the Public Interest Plaintiffs or the State Plaintiffs
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`are entitled to or eligible for recovery of any costs or attorneys’ fees.
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`26.
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`Public Interest Plaintiffs and State Plaintiffs reserve the right to seek additional
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`costs of litigation, including attorneys’ fees, incurred after the entry of this Consent Decree and
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`arising from the need to enforce or defend against efforts to modify the Decree’s terms or the
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`schedule in Paragraph 4, or for any other unforeseen continuation of this action. DOE reserves
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`Case 1:20-cv-09362-JMF Document 102 Filed 09/20/22 Page 14 of 25
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`the right to oppose any such request. For purposes of this Paragraph, costs of litigation do not
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`include costs or attorneys’ fees associated with Public Interest Plaintiffs’ or State Plaintiffs’
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`participation in any administrative proceedings contemplated by this Consent Decree or
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`participation in any petition to a court to review any final agency action pertaining to energy
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`conservation standards represented by an Agency Action Document required by Paragraph 4 and
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`completed pursuant to this Consent Decree.
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`27.
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`This Consent Decree constitutes the entire agreement among the Parties as to all
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`claims raised by Plaintiffs in their respective complaints, and supersedes all prior agreements,
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`representations, warranties, statements, promises, covenants, and understandings, whether oral
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`or written, express or implied, with respect to the subject matter hereof. Except as expressly
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`stated in this Consent Decree, nothing in this Consent Decree expands or contracts the rights of
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`Plaintiff-Intervenors pursuant to the Intervention Stipulation, and the Parties reserve all
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`arguments as to Plaintiff-Intervenors’ constitutional, statutory, or prudential standing.
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`28.
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`The Parties expressly understand and agree that this Consent Decree was jointly
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`drafted by the Parties, and that any and all rules of construction providing to the effect that an
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`ambiguity in a document is to be construed against the drafting party shall be inapplicable in any
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`dispute concerning the terms, meaning, or interpretation of this Consent Decree.
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`29.
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`Each of the undersigned representatives of the Parties certify that such individual
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`is authorized by the Party to enter into this Consent Decree and to bind such Party to comply
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`with the terms of this Consent Decree.
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`30.
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`This Consent Decree may be executed in one or more counterparts, each of which
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`shall be deemed an original, and all of which together constitute one and the same instrument,
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`and photographic, facsimile, or digital copies of such signed counterparts may be used in lieu of
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`the original. The execution of one counterpart by any Party shall have the same force and effect
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`Case 1:20-cv-09362-JMF Document 102 Filed 09/20/22 Page 15 of 25
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`as if that Party had signed all other counterparts.
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`31.
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`Any notice required or made with respect to this Consent Decree shall be in
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`writing and effective upon receipt. Any notice required or made pursuant to this Consent Decree
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`shall be sent via electronic mail or certified mail to the following contact persons:
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`For Public Interest Plaintiffs:
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`Jared Knicley
`Natural Resources Defense Council
`1152 15th Street NW, Suite 300
`Washington, DC 20005
`jknicley@nrdc.org
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`Joseph Vukovich
`Natural Resources Defense Council
`1152 15th Street NW, Suite 300
`Washington, DC 20005
`jvukovich@nrdc.org
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`Timothy Ballo
`Earthjustice
`1001 G Street NW, Suite 1000
`Washington, DC 20001
`tballo@earthjustice.org
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`For State Plaintiffs:
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`Lisa Kwong
`Office of the New York State
`Attorney General
`The Capitol
`Albany, New York 12224
`Lisa.Kwong@ag.ny.gov
`
`Timothy Hoffman
`Office of the New York State
`Attorney General
`The Capitol
`Albany, New York 12224
`Timothy.Hoffman@ag.ny.gov
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`15
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`Case 1:20-cv-09362-JMF Document 102 Filed 09/20/22 Page 16 of 25
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`For Plaintiff-Intervenors:
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`Kevin Ainsworth
`Mintz Levin Cohn Ferris Glovsky and Popeo, P.C.
`666 Third Avenue
`New York, NY 10017
`+1.212.692.6745
`KAinsworth@mintz.com
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`Jennifer Cleary
`Association of Home Appliance Manufacturers
`1111 19th Street NW, Suite 402
`Washington, DC 20036
`202.872.5955 x314
`Jcleary@aham.org
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`Marie Carpizo
`Air-Conditioning, Heating, and Refrigeration Institute
`2311 Wilson Blvd., Suite 400
`Arlington, VA 22201
`703-600-0308
`MCarpizo@ahrinet.org
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`For DOE:
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`Environmental Protection Unit
`Attn: AUSA Anthony J. Sun
`United States Attorney’s Office
`Southern District of New York
`86 Chambers St., Third Floor
`New York, NY 10007
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`A Party may alter contact persons or designate additional contact persons under this Paragraph
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`by written notice to the other Parties.
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`32.
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`Nothing in this Consent Decree shall be construed as making any person or entity
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`not executing this Consent Decree a third-party beneficiary to this Consent Decree.
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`33.
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`This Consent Decree shall become effective upon the date of its entry by the
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`Court. If for any reason the Court should decline to approve this Consent Decree in the form
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`presented, this agreement is voidable at the sole discretion of any Party and the terms of the
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`proposed Consent Decree may not be used as evidence in any litigation between the Parties.
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`Case 1:20-cv-09362-JMF Document 102 Filed 09/20/22 Page 17 of 25
`The Clerk of Court is directed to (1) substitute Secretary Granholm for former Secretary Dan Brouillette as
`Defendant in both cases pursuant to Federal Rule of Civil Procedure 25(d); (2) consolidate 20-CV-9127
`and 20-CV-9362 under 20-CV-9127; and (3) close both cases. Any pending motions are moot. All
`conferences are vacated.
`
`SO ORDERED on this
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`20
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`day of
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`September
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`, 2022.
`
`JESSE M. FURMAN
`United States District Judge
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`For Natural Resources Defense Council and Public Citizen:
`
`/s/ Jared E. Knicley2
`Jared E. Knicley, admitted pro hac vice
`Joseph Vukovich, admitted pro hac vice
`Natural Resources Defense Council
`1152 15th Street, NW, Suite 300
`Washington, DC 20005
`(202) 513-6242
`jknicley@nrdc.org
`jvukovich@nrdc.org
`
`For Center for Biological Diversity, Consumer Federation of America, Massachusetts
`Union of Public Housing Tenants, and Sierra Club:
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`/s/ Timothy Ballo
`Timothy Ballo, admitted pro hac vice
`Earthjustice
`1001 G Street NW, Suite 1000
`Washington, DC 20001
`(202) 745-5209
`tballo@earthjustice.org
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`For the State of New York:
`
`
`
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`LETITIA JAMES
`Attorney General
`
`/s/ Lisa S. Kwong
`LISA S. KWONG
`TIMOTHY HOFFMAN
`Assistant Attorneys General
`Office of the Attorney General
`
`2 Pursuant to S.D.N.Y. ECF Rule 8.5(b), all parties have granted consent to electronically sign this
`consent decree.
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`Case 1:20-cv-09362-JMF Document 102 Filed 09/20/22 Page 18 of 25
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`Environmental Protection Bureau
`The Capitol
`Albany, New York 12224
`Tel: 518-776-2422
`Email: Lisa.Kwong@ag.ny.gov
`Email: Timothy.Hoffman@ag.ny.gov
`
`For the State of California:
`
`ROB BONTA
`Attorney General
`
`
`
`
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`/s/ David Zonana
`DAVID ZONANA
`Supervising Deputy Attorney
`General
`SOMERSET PERRY
`Deputy Attorney General
`Office of the Attorney General
`1515 Clay Street, 20th Floor
`Oakland, CA 94612
`Tel: (510) 879-1248
`Email: David.Zonana@doj.ca.gov
`
`For the State of Colorado:
`
`PHILIP J. WEISER
`Attorney General
`
`/s/ Eric R. Olson
`ERIC R. OLSON
`Solicitor General
`Office of the Attorney General
`1300 Broadway, 7th Floor
`Denver, CO 80203
`Tel: (720) 508-6562
`Email: eric.olson@coag