Rescission of Useless Water Pressure Standards

TLDR

This executive order directs the Secretary of Energy to consider rescinding water and energy efficiency regulations for household and commercial appliances (including dishwashers, faucets, showerheads, toilets, and washing machines), cease enforcing these regulations pending rescission, and prepare recommendations for Congress to repeal related provisions in the Energy Policy Act of 1992. The order characterizes these standards as making appliances less functional and more expensive, though it provides no evidence for these claims. The directive for non-enforcement raises legal questions as it may exceed presidential authority to instruct agencies to disregard existing law without proper regulatory procedures.

This memorandum directs the Secretary of Energy to consider rescinding or amending federal regulations governing water and energy efficiency standards for household and commercial appliances. The order specifically targets standards for dishwashers, faucets, showerheads, toilets, urinals, and washing machines. It also directs the Department of Energy to cease enforcing these regulations pending their rescission and to prepare recommendations for Congress to repeal related statutory provisions in the Energy Policy Act of 1992.

Key points include:

1. Claims that water conservation requirements make bathroom appliances more expensive and less functional
2. Characterizes these standards as “unnecessary radical green agenda policies”
3. Directs the Secretary of Energy to consider rescinding specific regulations in Title 10 of the Code of Federal Regulations
4. Orders non-enforcement of these regulations pending their rescission
5. Requires recommendations for Congress to repeal related statutory provisions

This executive order seeks to roll back water and energy efficiency standards that have been in place since the Energy Policy Act of 1992. While the order characterizes these standards as making appliances “less useful” and “more expensive,” it does not cite specific evidence for these claims. Water efficiency standards were initially implemented to conserve water resources and reduce energy consumption associated with water heating.

The order’s characterization of these regulations as “radical green agenda policies” is subjective political framing rather than an objective assessment. These standards were established under a bipartisan law signed by President George H.W. Bush and have been maintained through multiple administrations of both parties.

The directive for non-enforcement of existing regulations raises potential legal questions, as agencies are generally required to enforce laws as written until they are formally changed through proper administrative procedures.

The President has limited authority in this area. While the President can direct executive agencies to review and potentially revise regulations through proper administrative procedures (including public comment periods as required by the Administrative Procedure Act), the President cannot unilaterally rescind regulations or direct agencies to ignore statutory requirements.

Many of the efficiency standards are mandated by statute (the Energy Policy Act of 1992), which is why the memorandum also directs officials to prepare recommendations for Congress to repeal these statutory provisions. The President cannot override statutory requirements established by Congress through executive action alone.

The non-enforcement directive may exceed presidential authority, as it appears to instruct agencies to disregard existing law without going through proper regulatory procedures. Courts have previously limited presidential authority to direct non-enforcement of statutory requirements.