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Appeals Court Halts on EPA’s HFC Phasedown

The United States Environmental Protection Agency’s (EPA) ruling to ban the use of 404A/507 (HFC’s) has been struck down by the U.S. Court of appeals, stating that the EPA does not have the authority to unapproved/deSNAP the use of refrigerants based on their Global Warming Potential.

The following piece was written by ACHR news to help shed light on this issue:

A U.S. Court of Appeals has ruled that the U.S. Environmental Protection Agency (EPA) cannot ban the use of hydrofluorocarbons (HFCs).

The U.S. Court of Appeals for the District of Columbia Circuit ruled 2-1 in favor of the plaintiffs in the case of Mexichem Fluor Inc. vs. the EPA. The court stated the EPA cannot ban HFCs under Section 612 of the Clean Air Act because that provision was designed only to address ozone-depleting substances. Although HFCs are among the greenhouse gases suspected of contributing to climate change, they do not deplete the ozone layer.

“The EPA’s authority to regulate ozone-depleting substances under Section 612 and other statutes does not give the EPA authority to order the replacement of substances that are not ozone depleting but that contribute to climate change,” the court ruled. “Congress has not yet enacted general climate change legislation. Although we understand and respect EPA’s overarching effort to fill that legislative void and regulate HFCs, the EPA may act only as authorized by Congress.”

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