ARLINGTON, VIRGINIA

On Friday, Feb. 8, the Hearth, Patio & Barbecue Association (HPBA) and the National Propane Gas Association (NPGA) scored a major victory for the vented gas hearth product industry. The U.S Court of Appeals for the D.C. Circuit sided with HPBA and NPGA on a Petition for Review filed against two Final Rules issued by the Department of Energy (DOE). The court, finding that DOE exceeded its authority in regulating a new class of products without following required procedure, struck the definition of "vented hearth heater" from the DOE rulemakings.

"We are gratified that the court agreed that the Department of Energy over-stepped its bounds in regulating these products," said Jack Goldman, president & CEO of HPBA.

The decision eliminates onerous regulatory requirements improperly imposed by the two DOE Final Rules affecting vented gas fireplaces, inserts and gas log sets (75 Fed. Reg. 20112 and 76 Fed. Reg. 71836). The ruling culminates a two-year battle with DOE on its regulation of gas vented hearth products.