9/11/12 To Be Our Day In Court!

On Friday, June 1, 2012, HPBA received the court order scheduling oral arguments in its litigation against DOE. HPBA is scheduled to appear before Judges Henderson and Brown, and Senior Circuit Judge Randolf on Tuesday, September 11, 2012

In March, 2012, the DC Court of Appeals ordered a briefing schedule that would be completed by July 5, 2012. Given that we are still in the middle of our briefing schedule it was a pleasant surprise that the court scheduled the oral arguments on its own motion. The September date is nearly the earliest date we could have hoped for and will give us the best chance at having a decision on the merits in advance of the April 16, 2013 effective date for the certification, warranty and labeling requirements for decorative vented gas fireplaces. Gas logs are not included in these new restrictions, but a victory for the industry should prove favorable in combatting future threats against gas logs.

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Background

How did we get here? What is the basis for the US Department of Energy's assault on gas logs? Here is the background information ...

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The Threat

The US Department of Energy Proposed Rule would harm the market for gas logs, and severely limit consumer choice ...

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Action

We're fighting for the survival of vented gas logs against the US Government, and we need all the help we can get. Here is what you can do to help save gas logs ...

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Fallacy of ‘”Decorative” 9000 BTU

900 btu

With the stroke of a pen, the US Department of Energy declared that (as of July 1, 2011), a gas log set must not consume more that 9000 BTU/hour to be termed "decorative". If it consumes more gas than that, it must meet efficiency ratings for which no testing methodogy exists. Watch this video where Rett Rasmussen illustrates the fallacy of 9000 BTU/Hour being "decorative."

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