Description: Challenge to EPA's decision to suspend the 2015 final rule prohibiting or restricting certain uses of HFCs under Clean Air Act's safe alternatives policy.
Natural Resources Defense Council v. Wheeler
Filing Date Type File Action Taken Summary 11/07/2018 Brief Download Opening brief filed by NRDC. 11/07/2018 Brief Download Opening brief filed by states. States, D.C., and NRDC Argued That EPA’s Decision Not to Apply HFC Use Restrictions Was Unlawful. Natural Resources Defense Council (NRDC) and 11 states and the District of Columbia filed their opening briefs in D.C. Circuit proceedings challenging U.S. Environmental Protection Agency (EPA) guidance that stated EPA would not apply any restrictions adopted in 2015 on the use of hydrofluorocarbons (HFCs) as substitutes for ozone-depleting substances. The petitioners argued that the guidance turned the D.C. Circuit’s 2017 decision partially vacating the 2015 restrictions (to the extent they required manufacturers currently using HFCs to stop using them) into a “complete vacatur.” NRDC and the states contended that the guidance therefore violated the Clean Air Act by suspending a final regulation without notice-and-comment rulemaking and that the guidance was arbitrary and capricious because EPA failed to provide a reasoned explanation for the suspension of the HFC use restrictions. 06/26/2018 Petition for Review Download Petition for review filed by NRDC States and NRDC Filed Lawsuits Challenging EPA Decision to Suspend Enforcement of HFC Restrictions. NRDC, 11 states, and the District of Columbia filed petitions in the D.C. Circuit Court of Appeals for review of EPA’s decision to suspend the 2015 final rule prohibiting or restricting certain uses of HFCs under the Clean Air Act’s safe alternatives policy. EPA published notice in the April 27, 2018 issue of the Federal Register that it would not apply the final rule’s listings of HFCs as “unacceptable” or as “acceptable subject to narrowed use limits” until it completed a rulemaking addressing the D.C. Circuit’s opinion vacating the portion of the final rule that required manufacturers to replace HFCs with substitutes.
New York v. Pruitt
Filing Date Type File Action Taken Summary 06/26/2018 Petition for Review Download Petition for review filed by 11 states and District of Columbia.