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Petition for Review UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT _________________________________________________ STATES OF NEW YORK, CALIFORNIA, ILLINOIS, MAINE, MINNESOTA, NEVADA, NEW MEXICO, OREGON, VERMONT, WASHINGTON, THE COMMONWEALTH OF MASSACHUSETTS, DISTRICT OF COLUMBIA, AND THE CITY OF NEW YORK, Docket No. Petitioners, v. U.S. DEPARTMENT OF ENERGY and JENNIFER GRANHOLM, Secretary, U.S. Department of Energy, Respondents. _________________________________________________ PETITION FOR REVIEW Pursuant to Section 336(b)(1) of the Energy Policy and Conservation Act, 42 U.S.C. § 6306(b)(1), Section 10 of the Administrative Procedure Act, 5 U.S.C. § 702, and Rule 15 of the Federal Rules of Appellate Procedure, the States of New York, California, Illinois, Maine, Minnesota, Nevada, New Mexico, Oregon, Vermont, Washington, the Commonwealth of Massachusetts, the District of District of Columbia and the City of New York, hereby petition this Court for review of two related final actions taken by respondents, published at 86 Fed. Reg. 3873 (January 15, 2021), entitled “Energy Conservation Program for Appliance Standards: Energy Conservation Standards for Residential Furnaces and Commercial Water Heaters; Withdrawal,” and 86 Fed. Reg. 4776 (January 15, 2021), entitled “Energy Conservation Program for Appliance Standards: Energy Conservation Standards for Residential Furnaces and Commercial Water Heaters”. 1 Copies of the final rules are attached hereto. Petitioners seek a determination by the Court that the rules are unlawful and must be vacated. Dated: March 16, 2021 Respectfully submitted, FOR THE STATE OF NEW YORK LETITIA JAMES Attorney General MICHAEL J. MYERS Senior Counsel /s/ Lisa S. Kwong LISA S. KWONG TIMOTHY HOFFMAN Assistant Attorneys General Environmental Protection Bureau PATRICK A. WOODS Assistant Solicitor General Division of Appeals & Opinions The Capitol Albany, NY 12224 Tel: (518) 776-2422 Email: [email protected] Email: [email protected] Email: [email protected] 2 FOR THE STATE OF CALIFORNIA FOR THE STATE OF ILLINOIS XAVIER BECERRA KWAME RAOUL Attorney General Attorney General DAVID ZONANA Supervising Deputy Attorney General /s/ Sarah A. Hunger SARAH A. HUNGER /s/ Somerset Perry Deputy Solicitor General SOMERSET PERRY MATTHEW J. DUNN JAMIE JEFFERSON Chief, Environmental Enforcement/ ANTHONY AUSTIN Asbestos Litigation Div. Deputy Attorneys General JASON E. JAMES Office of the Attorney General Assistant Attorney General 1515 Clay Street, 20th Floor Office of the Attorney General Oakland, CA 94612 Environmental Bureau Tel: (510) 879-0852 69 W. Washington St., 18th Floor Email: [email protected] Chicago, IL 60602 Email: [email protected] Tel: (312) 814-0660 Email: [email protected] Email: [email protected] FOR THE DISTRICT OF COLUMBIA FOR THE STATE OF MAINE KARL A. RACINE AARON M. FREY Attorney General Attorney General of Maine LOREN L. ALIKHAN Solicitor General /s/ Katherine Tierney KATHERINE E. TIERNEY /s/ Ashwin P. Phatak Assistant Attorney General ASHWIN P. PHATAK Office of the Maine Attorney General Deputy Solicitor General 6 State House Station Office of the Solicitor General Augusta, ME 04333 Office of the Attorney General Tel: (207) 626-8897 for the District of Columbia Email: [email protected] 400 6th Street, NW, Suite 8100 Washington, D.C. 20001 Tel: (202) 805-7426 Email: [email protected] 3 FOR THE COMMONWEALTH OF FOR THE STATE OF NEVADA MASSACHUSETTS AARON D. FORD MAURA HEALEY Attorney General Attorney General /s/ Heidi Parry Stern /s/ I. Andrew Goldberg HEIDI PARRY STERN I. ANDREW GOLDBERG Solicitor General Assistant Attorney General Office of the Nevada Attorney General Environmental Protection Division 555 E. Washington Ave., Ste. 3900 ASHLEY GAGNON Las Vegas, NV 89101 Assistant Attorney General Tel: (702) 486-3594 Energy and Telecommunications Division Email: [email protected] Office of the Attorney General One Ashburton Place, 18th Floor Boston, MA 02108 FOR THE STATE OF NEW MEXICO Tel: (617) 963-2429 Email: [email protected] HECTOR H. BALDERAS Attorney General FOR THE STATE OF MINNESOTA /s/ William G. Grantham WILLIAM G. GRANTHAM KEITH ELLISON Assistant Attorney General Attorney General State of New Mexico Office of the Attorney General /s/ Peter Farrell Consumer & Environmental Protection PETER FARRELL Division Assistant Attorney General 201 Third Street NW, Suite 300 Minnesota Attorney General’s Office Albuquerque, NM 87102 445 Minnesota Street, Suite 900 Tel: (505) 717-3520 St. Paul, MN 55101 Email: [email protected] Tel: (651) 757-1424 Email: [email protected] 4 FOR THE STATE OF OREGON FOR THE STATE OF WASHINGTON ELLEN F. ROSENBLUM Attorney General ROBERT W. FERGUSON Attorney General /s/ Paul A. Garrahan PAUL A. GARRAHAN /s/ Stephen Scheele Attorney-in-Charge STEPHEN SCHEELE STEVE NOVICK Assistant Attorney General Special Assistant Attorney General Washington State Office of Attorney Natural Resources Section General Oregon Department of Justice P.O. Box 40109 1162 Court Street NE Olympia, WA 98504 Salem, OR 97301 Tel: (360) 586-6500 Tel: (503) 947-4593 Email: [email protected] Email: [email protected] Email: [email protected] FOR THE CITY OF NEW YORK FOR THE STATE OF VERMONT JAMES E. JOHNSON Corporation Counsel THOMAS J. DONOVAN, JR. Attorney General /s/ Hilary Meltzer HILARY MELTZER /s/ Laura B. Murphy Chief, Environmental Law Division LAURA B. MURPHY SHIVA PRAKASH Assistant Attorney General Assistant Corporation Counsel Environmental Protection Division New York City Law Department Vermont Attorney General’s Office 100 Church Street 109 State Street New York, NY 10007 Montpelier, VT 05609 Tel: (212) 356-2070 Tel: (802) 828-1059 Email: [email protected] 5 .
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