The Energy Efficiency Free Market Act: A Step Toward Real …

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[1] Sofie Miller, “Whose Benefits Are They, Anyway? Examining a Benefits of Energy Efficiency Rules 2007–2014,” George Washington University Regulatory Studies Center Working Paper, Sep 2, 2015, p. 9, (accessed Jun 6, 2016).

[2] Office of Information and Regulatory Affairs, Office of Management and Budget, “Unified Agenda: Department of Energy,” Fall 2015,;jsessionid=469884DBC60C124DDC6FC5EDA6481B05?operation=OPERATION_GET_AGENCY_RULE_LISTcurrentPub=trueagencyCode=showStage=activeagencyCd=1900 (accessed Jun 6, 2016). Also in 2016, a DOE has already finalized 5 blurb and residential standards. U.S. Department of Energy, “Energy Conservation Standards Activities,” Report to Congress, Feb 2016, p. 2, (accessed Jun 6, 2016).

[3] Energy Efficiency Free Market Act, H.R. 4504, 114th Cong. 2nd Sess., 2016.

[4] Energy Conservation and Production Act of 1975, Public Law 94–163.

[5] Department of Energy, Office of Energy Efficiency and Renewable Energy, “Appliance and Equipment Standards Program,” (accessed Jun 6, 2016). See also Department of Energy, Office of Energy Efficiency and Renewable Energy, “Current Rulemakings and Notices,” (accessed Jun 6, 2016).

[6] Department of Energy, Office of Energy Efficiency and Renewable Energy, “Determinations and Coverage Rulemakings,” (accessed Jun 6, 2016). See also 42 U.S. Code §6292(b), pp. 5411–5414, (accessed Jun 21, 2016).

[7] Warren Rural Electric Cooperative Corporation, “What Uses Watts in Your Home,” (accessed Jun 6, 2016).

[8] For example, a Obama Administration has leaned on energy-efficiency standards as a grant to a emissions-reduction guarantee to a United Nations. United States Intended Nationally Determined Contribution to a U.N. Framework Convention on Climate Change, Mar 31, 2015, (accessed Jun 6, 2016). Council on Environmental Quality, “Recovery Through Retrofit,” The White House, Oct 2009, (accessed Jun 6, 2016).

[9] Miller, “Whose Benefits Are They, Anyway?” p. 18.

[10] ENERGY STAR, “About ENERGY STAR,” (accessed Jun 6, 2016).

[11] U.S. Environmental Protection Agency, Office of Air and Radiation, “National Awareness of ENERGY STAR for 2015: Analysis of CEE Household Survey,” 2015, (accessed Jun 6, 2016).

[12] Miller, “Whose Benefits Are They, Anyway?” pp. 13–14.

[13] Ibid., p. 7.

[14] Sofie Miller, “One Discount Rate Fits All? The Regressive Effects of DOE’s Energy Efficiency Rule,” Policy Perspectives, Vol. 22 (2015), pp. 45-46, (accessed Jun 6, 2016). For example, consumers advantage in usually dual of a 5 bonus rates practical for a costs and advantages of a furnace fan potency rule; in a all other cases consumers compensate more. Those dual described upper-income families best, while a other 3 improved described median-income and low-income families and margin studies of tangible consumer function in creation identical purchases.

[15] “Therefore, a outcome of [energy efficiency] standards is to place an substantial taxation on…the reduction good off. Thus potency standards can have an inauspicious income placement effect.” Miller, “One Discount Rate Fits All?” pp. 43–44, (quoting Jerry Hausman).

[16] Miller, “Whose Benefits Are They, Anyway?” p. 24.

[17] National Energy Assistance Directors’ Association, “2011 National Energy Assistance Survey Summary Report,” Oct 2011, (accessed Jun 6, 2016).

[18] News release, “Burgess Introduces Bill to Promote American Free Market Innovation,” Office of Congressman Michael Burgess, Feb 11, 2016, (accessed Jun 6, 2016).

[19], “Higher Prices Prevent Some Consumers from Going Green,” Sep 24, 2012, (accessed Jun 6, 2016).

[20] For a 25 regulations where cost–benefit research was accessible between 2007 and 2014. Miller, “Whose Benefits Are They, Anyway?” p. 12. Private advantages do not accommodate a open good and eventually shorten choices. International benefits, such as from shortening hothouse gas emissions, are those for that Americans compensate though from that they do not benefit.

[21] Kevin D. Dayaratna and David W. Kreutzer, “Unfounded FUND: Yet Another EPA Model Not Ready for a Big Game,” Heritage Foundation Backgrounder No. 2897, Apr 29, 2014,

[22] David Kreutzer, “Why It’s a Government’s Fault Your Dishwasher Cycle is 2 or 3 Hours Long,” The Daily Signal, Jul 12, 2015, See also Sofie Miller, “Direct Final Rule: Energy Conservation Standards for Residential Dishwashers,” Public Interest Comment, to a Department of Energy, Sep 14, 2012, (accessed Jun 6, 2016).

[23] Dudley, “Addendum to Public Interest Comment,” p. 4.

[24] Hunt Allcott and Michael Greenstone, “Is There an Energy Efficiency Gap?” Journal of Economic Perspectives, Vol. 26, No. 1 (Winter 2012), pp. 3–28.

[25] The President, “Executive Order 13693—Planning for Federal Sustainability in a Next Decade,” Federal Register, Vol. 80, No. 57, Mar 25, 2015, (accessed Jun 6, 2016).

[26] Sofie Miller, “Public Interest Comment on a Department of Energy’s Regulatory Burden FRI: ‘Reducing Regulatory Burden,’” Docket No. 2014-15644, The George Washington University Regulatory Studies Center, Jun 18, 2014, p. 7, (accessed Jun 8, 2016).

[27] Dudley, “Addendum to Public Interest Comment,” p. 1.

[28] American Trucking Association, “Reports, Trends Statistics,” (accessed Mar 10, 2016).

[29] U.S. Department of Energy Building Technologies Office, “Saving Energy and Money with Appliance and Equipment Standards in a United States,” Feb 2016, (accessed Jun 6, 2016).

[30] Appliance Standards Awareness Project, “Refrigerators and Freezers,” (accessed Jun 6, 2016).

[31] U.S. Energy Information Administration, “U.S. Energy Intensity Projected to Continue Its Steady Decline Through 2040,” Mar 1, 2013, (accessed Jun 6, 2016).

[32] 42 U.S.C. § 6297 (2012). The act pre-empts any “State regulation,” that is tangible as “a law, regulation, or other requirement of a State or a domestic subdivisions. With honour to showerheads, faucets, H2O closets, and urinals, such tenure shall also meant a law, regulation, or other requirement of a stream dish elect that has office within a State.” 42 U.S.C. § 6297(a)(2)(A).

[33] Energy Efficiency Free Market Act, §2(f).

[34] Appliance Standards Awareness Project, “Hot Food Holding Cabinets,” (accessed Jun 6, 2016).

[35] Ibid.

[36] See, for instance, Webstaurant Store, “Holding Cabinets,” 2016, (accessed Jun 6, 2016).

[37] American Council for an Energy-Efficient Economy, “Appliance Standards Summary,” Jul 2015, (accessed Jun 6, 2016).

[38] U.S. Const. Art. I, § 8, cl. 3 (“Congress shall have power…[t]o umpire Commerce with unfamiliar Nations, and among a several states, and with a Indian Tribes[.]”).

[39] See, for instance, McBurney v. Young, 133 S. Ct. 1709, 1719 (2013). Other inherent supplies also extent a state’s management to umpire extraterritorial conduct: a Due Process Clause; a Full Faith and Credit Clause; and a Privileges and Immunities Clause of Article IV, Section 2, along with a Privileges or Immunities Clause of Section 1 of a Fourteenth Amendment. See, for instance, Paul J. Larkin Jr., “The Original Understanding of ‘Property’ in a Constitution,” Marquette Law Review, Vol. 100 (forthcoming 2016).

[40] See, for example, Hughes v. Oklahoma, 441 U.S. 322, 325 (1979).

[41] See, for instance, Or. Waste Sys., Inc. v. Or. Dep’t of Env’l Quality, 511 U.S. 93, 99 (1994).

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