Description: Challenges to EPA's final rule on “Phasedown of Hydrofluorocarbons: Establishing the Allowance Allocation and Trading Program under the American Innovation and Manufacturing Act.”
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Heating, Air-Conditioning, & Refrigeration Distributors International v. EPA
Case Documents:
Filing Date Type File Action Taken Summary 07/08/2022 Reply Download Reply brief filed by petitioners Heating, Air-Conditioning, & Refrigeration Distributors International et al. 06/09/2022 Amicus Brief Download Brief filed by amicus curiae Natural Resources Defense Council in support of respondents. 06/09/2022 Amicus Motion Download Motion filed by Natural Resources Defense Council for leave to participate as amicus curiae in support of respondents. 06/02/2022 Brief Download Initial brief filed by respondents. 04/11/2022 Brief Download Corrected brief filed by petitioners Heating, Air-Conditioning, & Refrigeration Distributors International et al. 04/01/2022 Brief Download Opening brief filed by petitioners Heating, Air-Conditioning, & Refrigeration Distributors International et al. 02/22/2022 Order Download Motion for entry of protective order granted and motion to sever granted. The court assigned the challenge to the notice of 2022 allowance allocations to a new docket (No. 22-1025, RMS of Georgia, LLC v. EPA). 01/18/2022 Motion Download Motion to sever challenge to separate agency action filed by respondents. 12/02/2021 Petition for Review Download Petition for review filed. Challenges to Hydrofluorocarbon Phasedown Rule Filed in D.C. Circuit. Three trade associations; a manufacturer of pressure cylinders for refrigerant, propane, and industrial gases; and a producer of hydrofluorocarbon blends filed petitions for review in the D.C. Circuit Court of Appeals challenging EPA’s final rule on “Phasedown of Hydrofluorocarbons: Establishing the Allowance Allocation and Trading Program under the American Innovation and Manufacturing Act.” The trade associations asserted that the final rule exceeded EPA’s statutory authority, was contrary to the American Innovation and Manufacturing Act of 2020, and was arbitrary and capricious and otherwise contrary to law. In particular, the trade associations asked the court to set aside certain provisions of the final rule prohibiting the sale of regulated substances contained in disposable cylinders and mandating the tracking of the movement of cylinders containing regulated substances, including through the use of QR codes. -
Worthington Industries Inc. v. EPA
Case Documents:
Filing Date Type File Action Taken Summary 12/03/2021 Petition for Review Download Petition for review filed. The pressure cylinder manufacturer’s petition indicated that it would focus on EPA’s prohibition on the use of “disposable” (i.e., “non-refillable”) cylinders. -
RMS of Georgia, LLC d/b/a Choice Refrigerants v. EPA
Case Documents:
Filing Date Type File Action Taken Summary 04/01/2022 Brief Opening brief filed by petitioner RMS of Georgia, LLC. 12/03/2021 Petition for Review Download Petition for review filed. In addition to challenging the final phasedown rule, the hydrofluorocarbon producer also challenged EPA’s “Notice of 2022 Allowance Allocations for Production and Consumption of Regulated Substances Under the American Innovation and Manufacturing Act of 2020.”