Description: Challenge to EPA's 2022 and 2023 allowance allocations for hydrofluorocarbons under the American Innovation and Manufacturing Act of 2020.
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RMS of Georgia, LLC v. EPA
Case Documents:
Filing Date Type File Action Taken Summary 08/23/2023 Motion Download Motion to voluntarily dismiss filed by petitioner RMS of Georgia, LLC. Refrigerant Manufacturer Voluntarily Dismissed Challenges to HFC Allocations. On August 23, 2023, the manufacturer filed a motion to voluntarily dismiss separate petitions for review that sought review of EPA’s notices regarding the 2022 and 2023 allocations for production and consumption of hydrofluorocarbons. 07/07/2023 Order Download No. 22-1025 returned to active docket and consolidated with No. 22-1313; No. 22-1314 dismissed as time-barred and for lack of jurisdiction. 05/08/2023 Response Download Respondents filed response to petitioners' motion to govern further proceedings. 04/28/2023 Motion Download Motion to govern further proceedings filed by RMS of Georgia, LLC d/b/a Choice Refrigerants. 04/14/2023 Order Download No. 22-1025 consolidated with No. 23-1104 (after transfer of No. 23-1104 from Eleventh Circuit). 03/14/2022 Order Download Case held in abeyance. The D.C. Circuit ordered that the challenge to the allocations be held in abeyance until the Eleventh Circuit decided the pending question of whether it had jurisdiction of the challenge to the allocations that the petitioner filed there. 03/08/2022 Consent Motion Download Consent motion to govern further proceedings filed by petitioner. 12/06/2021 Petition for Review Download Petition for review filed. RMS of Georgia, LLC filed a petition challenging EPA's Notice of 2022 Allowance Allocations for Production and Consumption of Regulated Substances Under the American Innovation and Manufacturing Act of 2020. The petitioner said it was filing the challenge protectively, as it believes the proper venue is the Eleventh Circuit, where it also filed a challenge (RMS of Georgia, LLC, No. 21-14213). -
RMS of Georgia, LLC v. EPA
Case Documents:
Filing Date Type File Action Taken Summary 12/09/2022 Petition for Review Download Petition for review filed challenging notice of 2023 allowance allocations. -
RMS of Georgia, LLC v. EPA
Case Documents:
Filing Date Type File Action Taken Summary 04/13/2023 Petition for Review Petition for review transferred from the Eleventh Circuit. -
RMS of Georgia, LLC v. EPA
Case Documents:
Filing Date Type File Action Taken Summary 04/13/2023 Opinion Download Petition transferred to the D.C. Circuit. Eleventh Circuit Said Challenge to Allocation of HFC Permits Should Be Heard by D.C. Circuit. The Eleventh Circuit Court of Appeals held that the allocation of hydrofluorocarbon (HFC) consumption allowances under the American Innovation and Manufacturing Act (AIM Act) was a “nationally applicable” action, and that the Clean Air Act therefore required that a Georgia-based manufacturer of refrigerants file a challenge to the allocation in the D.C. Circuit. The AIM Act requires the phasedown of domestic production and consumption of HFCs by capping the number of allowances allowed each year. The law directed the U.S. Environmental Protection Agency (EPA) to establish an allowance allocation and trading program to implement the phasedown. The Eleventh Circuit concluded that EPA’s allocation notice was nationally applicable because it allocated allowances nationwide and did not geographically restrict them. 04/01/2022 Order Download Ordered that venue issue is "carried with the case" to be determined by merits panel. 12/22/2021 Not Available Download Parties requested to advise the court of their position regarding the jurisdictional question. 12/06/2021 Petition for Review Download Petition for review filed.