In a petition for review of an order of the U.S. Department of Energy (DOE) denying petitioner's request for a waiver of preemption under the Energy Policy and Conservation Act, the petition is granted where the DOE's stated justifications demonstrated an arbitrary and capricious failure meaningfully to address petitioner's application for a waiver.
Argued and Submitted November 17, 2008
Filed October 28, 2009
Opinion by Judge Canby
H. Thomas Byron, III, Civil Division, U.S. Department of Justice, Washington, DC