42 U.S.C. § 6362

Energy conservation policies and practices

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(a) “Agency” definedIn this section, “agency” means—(1) the Department of Transportation with respect to part A of subtitle VII of title 49, United States Code;(2) the Interstate Commerce Commission;(3) the Federal Maritime Commission; and(4) the Federal Power Commission.(b) Statement of probable impact of major regulatory action on energy efficiency

Except as provided in subsection (c), each of the agencies specified in subsection (a) shall, where practicable and consistent with the exercise of their authority under other law, include in any major regulatory action (as defined by rule by each such agency) taken by each such agency, a statement of the probable impact of such major regulatory action on energy efficiency and energy conservation.

Subsection (b) shall not apply to any authority exercised under any provision of law designed to protect the public health or safety.

(Pub. L. 94–163, title III, § 382, Dec. 22, 1975, 89 Stat. 939; Pub. L. 103–272, § 4(h), July 5, 1994, 108 Stat. 1364.)Editorial NotesAmendments

1994—Subsec. (a). Pub. L. 103–272, § 4(h)(1), added subsec. (a) and struck out former subsec. (a) which related to reports to Congress by Federal agencies, feasibility of additional savings in energy consumption, and administration of laws permitting inefficient use of energy.

Subsec. (b). Pub. L. 103–272, § 4(h)(2), substituted “subsection (a)” for “subsection (a)(1)”.

Statutory Notes and Related SubsidiariesAbolition of Interstate Commerce Commission and Transfer of Functions

Interstate Commerce Commission abolished and functions of Commission transferred, except as otherwise provided in Pub. L. 104–88, to Surface Transportation Board effective Jan. 1, 1996, by section 1302 of Title 49, Transportation, and section 101 of Pub. L. 104–88, set out as a note under section 1301 of Title 49. References to Interstate Commerce Commission deemed to refer to Surface Transportation Board, a member or employee of the Board, or Secretary of Transportation, as appropriate, see section 205 of Pub. L. 104–88, set out as a note under section 1301 of Title 49.

Notes of Decisions

Cited in 8 cases, 1977–1983 · leading case: Common Cause v. Dep't of Energy, 702 F.2d 245 (D.C. Cir. 1983).

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Common Cause v. Dep't of Energy, 702 F.2d 245 (D.C. Cir. 1983). “Our conclusion is reinforced by reference to 42 U.S.C. § 6362 (b) (1976), which directs five federal agencies to issue “energy impact statements” in connection with any “major regulatory action.”

Assure Competitive Transp., Inc. v. United States, 635 F.2d 1301 (7th Cir. 1980). · cites it 3× “§ 4332 (2)(C), section 382(b) of the Energy Policy and Conservation Act of 1975, 42 U.S.C. § 6362 (b), and its own regulations by *1304 failing to prepare environmental and energy impact statements.”

Ryder Truck Lines, Inc. v. United States, 716 F.2d 1369 (11th Cir. 1983). · cites it 2× “See 42 U.S.C.A. § 6362 (b) (West 1977). The obligations to prepare an EIS and an SEI, however, are not mandatory.”

Celanese Chem. Co., Inc. v. The United States of Am. & Interstate Com. Comm'n, 632 F.2d 568 (5th Cir. 1980). “94-163, § 382 (1975); 42 U.S.C. § 6362 . In its regulations implementing the provisions of this statute, the Commission provides for the preparation of energy impact statements for all “major regulatory actions” and for other actions which “may have important energy impacts.”

Earth Resources Co. v. Fed. Energy Regulatory Comm'n, 617 F.2d 775 (D.C. Cir. 1980). “42 U.S.C. § 6362 (b) (1976). . See 15 U.S.”

Mercury Motor Express, Inc. v. United States, 648 F.2d 315 (5th Cir. 1981). “§ 4332 (2)(C), the Energy Policy and Conservation Act of 1975, 42 U.S.C. § 6362 , and its own regulations.”

Am. Trucking Ass'n v. United States, 642 F.2d 916 (5th Cir. 1981). “42 U.S.C. § 6362 (b). Petitioners have argued that the Commission failed to comply with the provisions of either act.”

Delta Air Lines, Inc. v. Civil Aeronautics Bd., 561 F.2d 293 (D.C. Cir. 1977). “Ill We turn now to National’s contention that the Board has not produced the energy impact statement contemplated by § 382(b) of the Energy Policy and Conservation Act of 1975, 42 U.S.C. § 6362 (b) (Supp. V 1976). Section 382(b) declares that five federal agencies, among them…”

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