Court upholds Biden-era EPA rule phasing out climate-damaging refrigerant. (Reuters)
Excerpt from this Reuters story:
A federal appeals court on Friday rejected challenges by refrigerant manufacturers to a rule adopted during Democratic President Joe Biden's administration to curtail the use of a potent climate-warming gas used in refrigerators and air conditioners.
A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit rejected, opens new tab arguments that the U.S. Environmental Protection Agency's rule governing hydrofluorocarbons (HFCs) was invalid and that the agency unconstitutionally exercised legislative power by adopting it.
The rule was finalized in July 2023 in order to implement a provision of the American Innovation and Manufacturing Act, a 2020 law that calls for reducing the production and consumption of climate-damaging HFCs by 85% by 2036.
To implement the law, the EPA began setting annual “allocations” for each HFC producer and importer based on estimates of their historical market share that gradually would decline over time.
Lawyers for Choice Refrigerants argued that Congress had unconstitutionally delegated legislative power to the EPA to set the allowances.
But U.S. Circuit Judge Florence Pan, a Biden appointee, wrote that the AIM Act does not unconstitutionally delegate legislative power to the EPA because it sufficiently constrained the agency's discretion to allocate HFC allowances.











