On Friday, February 8th, 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.

The decision effectively 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 HPBA’s two-year battle with DOE and is a huge victory for an industry its size.