US: DC Circuit Court of Appeals Issues Decision on HFC Ban

On April 5, 2019 the US Court of Appeals for the District of Columbia Circuit in Mexichem v. EPA filed a decision partially upholding EPA’s HFC ban and phaseout promulgated under section 612 of the Clean Air Act and issued on December 1, 2016. In its decision, the court vacated the rule only to the extent that it required HFCs that were previously and lawfully installed as substitutes for ozone-depleting substances. However, the courts decision prohibits manufacturers that still use ozone-depleting substances from deciding in the future to replace those substances with HFCs. This decision is effective immediately unless appealed to the US Supreme Court and granted a stay.

Source:

DC Circuit Court of Appeals Issues Decision on 2016 HFC Rule, Mexichem v. EPA, (D.C. Cir. 2019).