Housing Energy Efficiency Standards Face GOP Challenge

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  • A coalition of 15 Republican AGs, joined by the National Association of Home Builders, has filed a lawsuit challenging new minimum energy standards for federally funded housing issued by the Department of Housing and Urban Development (HUD) and the Department of Agriculture (USDA).
  • The complaint asserts that the standards, adopted under Section 109 of the Cranston-Gonzalez Act (the “Act”), violate the private non-delegation doctrine and are therefore unconstitutional. It further claims that the standards exceed HUD’s and USDA’s statutory authority under the Act and are arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law. Additionally, the lawsuit claims that the standards were adopted without adhering to legally required procedures. The AGs argue that the new energy efficiency standards will harm consumers by reducing the production of affordable housing.
  • The complaint seeks declaratory and injunctive relief to invalidate the standards, along with fees, costs, and other relief.
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