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In a notice published on August 31, 2020, the U.S. Department of Energy ("DOE" or the "Department") proposed revisions to its existing enforcement regulations for certain consumer products and commercial and industrial equipment.[1] The proposed revisions are intended to further align the regulations with the Energy Policy and Conservation Act of 1975 ("EPCA") and provide additional clarity and transparency about DOE's enforcement process. Manufacturers of covered products should review this proposal very carefully. While certain proposed changes may provide some reduction in administrative overhead, the practical outcome may be to increase a company's liability exposure during enforcement investigations as we discuss below.
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