HARDI and PHCC File Supreme Court Brief to Protect Consumer Choice in Home Heating

FOR IMMEDIATE RELEASE

Contact: Madison Romero, Public Affairs Associate
Email: mromero@hardinet.org
Direct: 614.345.4328

HARDI and PHCC File Supreme Court Brief to Protect Consumer Choice in Home Heating

Washington, DC — Heating, Air-conditioning & Refrigeration Distributors International (HARDI), in partnership with the Plumbing-Heating-Cooling Contractors Association (PHCC) National Association and the Natural Gas Association of Georgia, has filed an amicus brief urging the U.S. Supreme Court to review the federal court decision in American Gas Association v. U.S. Department of Energy (DOE) that would effectively eliminate non-condensing gas furnaces and certain commercial water heaters from the market.

At issue are DOE’s efficiency standards that would require furnaces and some commercial water heaters to change venting features to accommodate condensation caused by fuel combustion. HARDI and its partners argue that the DOE’s action undermines long-standing statutory protections designed to preserve consumer choice and maintain access to affordable and reliable heating options, particularly in replacement situations that do not meet the more complex venting requirements.

“Millions of homes in the U.S. were built to accommodate non-condensing furnaces,” said Alex Ayers, Vice President of Government Affairs at HARDI. “When those systems fail, homeowners need practical, cost-effective replacement options. Eliminating non-condensing furnaces removes an affordable solution and forces costly renovations that many families aren’t prepared for, and in some instances, the building cannot be retrofitted to accommodate.”

The Energy Policy and Conservation Act (EPCA) prohibits DOE from adopting standards that make product types or performance characteristics unavailable if they are generally available in the market. The associations contend that installation-related attributes, such as compatibility with existing venting systems, qualify as protected performance characteristics under the law.

“This case is about the realities of real-world installations,” said Chuck White, Vice President of Regulatory Affairs at PHCC. “Contractors are the ones who have to explain to homeowners why a simple furnace replacement has suddenly turned into a major renovation project. EPCA was designed to balance efficiency goals with practicality and consumer choice. We are asking the Supreme Court to restore it.”

The brief emphasizes that the issue extends beyond furnaces. The legal interpretation upheld by the lower court could expand DOE’s authority to eliminate other product categories based on efficiency thresholds, even when doing so disrupts installation compatibility and long-standing market availability.

The Supreme Court is expected to decide in the coming months whether it will grant review of the case.

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About HARDI

HARDI (Heating, Air-conditioning, and Refrigeration Distributors International) is the single voice of wholesale distribution within the North American and Latin American HVACR markets.

A non-profit association, HARDI serves its members through government affairs and advocacy efforts, market intelligence and benchmarking, training programs, and world-class events. HARDI proudly represents more than 570 distributor members and their 5,000+ branch locations, and close to 600 suppliers, manufacturer representatives, and service vendors. HARDI Distributor members serve installation and service/replacement contractors in residential and commercial markets, as well as commercial/industrial and institutional maintenance staff. HARDI Affiliate members market, distribute, and support heating, air-conditioning, and refrigeration equipment, parts, and supplies.

About PHCC

The PHCC National Association, formed in 1883, provides legislative advocacy, education, and training to approximately 3,000 plumbing and HVACR businesses and 65,000 technicians. Members of PHCC have access to a wide variety of services designed to increase their professionalism, grow their business, and improve profitability.

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