HJRES-75-119
Became Public Law No: 119-9.
Sponsored by Craig Goldman (R-TX)
What it does
This joint resolution, enacted into law as Public Law 119-9, nullifies a Department of Energy (DOE) rule published on January 21, 2025, that set new and updated energy conservation standards for commercial refrigerators, freezers, and refrigerator-freezers. The resolution was passed under the Congressional Review Act (CRA), which allows Congress to overturn recently finalized federal agency rules by simple majority vote. Under the CRA, the nullified rule cannot be reissued in substantially the same form without new congressional authorization.
Who benefits
Manufacturers of commercial refrigeration equipment who would have faced redesign and retooling costs to meet the new standards. Restaurants, grocery stores, convenience stores, hotels, and other commercial food service businesses that purchase this equipment and would have faced higher upfront purchase prices for compliant units. Small food service businesses with tighter capital budgets that may have struggled to absorb higher equipment costs. Equipment distributors and retailers selling existing inventory that would not have met the new standards.
Who is hurt
Businesses that would have benefited from lower long-term energy bills under the more efficient standards, as higher-efficiency equipment typically reduces operating costs over time. Energy efficiency technology manufacturers and suppliers who had positioned products to meet the new standards. Environmental and public health advocates who argue reduced energy consumption lowers greenhouse gas emissions. Electricity ratepayers broadly, who may indirectly benefit from reduced grid demand when efficiency standards are in place. Future commercial equipment buyers who lose the option of a federally guaranteed efficiency baseline.
Supporters argue
Supporters argue that the DOE rule imposed significant upfront cost burdens on manufacturers and small businesses — particularly restaurants and grocery stores operating on thin margins — without adequate justification that the efficiency gains outweighed those costs. They contend that the rule was finalized in the final days of the prior administration and that Congress has a legitimate oversight role in reviewing last-minute agency rulemaking under the CRA. They further argue that market forces, not federal mandates, are the appropriate mechanism for driving equipment purchasing decisions in the commercial sector.
Opponents argue
Opponents argue that the DOE's own analysis found the standards would achieve the maximum energy efficiency that is both technologically feasible and economically justified — the statutory standard under the Energy Policy and Conservation Act — meaning the rule cleared a rigorous cost-benefit threshold before finalization. They contend that nullifying the rule eliminates long-term energy cost savings for businesses and increases cumulative electricity consumption, and that the CRA's prohibition on reissuing a substantially similar rule ties the hands of future administrations seeking to address commercial refrigeration efficiency.
Constitutional context
This resolution uses the Congressional Review Act, which is grounded in Congress's Article I authority to oversee executive agency rulemaking. Post-Loper Bright v. Raimondo (2024), courts no longer defer to agency interpretations of their own statutory authority, meaning the underlying DOE rule — had it remained in effect — would have faced heightened judicial scrutiny over whether the Energy Policy and Conservation Act clearly authorized the specific standards adopted.
Checks and balances
Congress gains authority by nullifying an executive agency rule; the CRA's prohibition on reissuing a substantially similar rule without new legislation further constrains the executive branch, while the President's signature (required for enactment) serves as the primary check on congressional use of the CRA.
Historical precedent
Congress has used the Congressional Review Act to nullify energy efficiency appliance standards before, most notably in 2017 when it overturned a DOE rule on residential furnace fans, establishing a pattern of CRA use against end-of-administration efficiency rulemakings.