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Lawsuits Filed Pertaining To EPA SNAP Rule 20
July 10, 2018

Four lawsuits were recently filed to stop the U.S. Environmental Protection Agency (EPA) from rolling back regulations on the use of hydrofluorocarbon (HFC) refrigerants. On June 25, 2018, the Natural Resources Defense Council (NRDC) and industry manufacturers Honeywell International, Inc., and Chemours Co. filed petitions for a Writ of Certiorari to the U.S. Supreme Court asking the court to review and reverse the D.C. Circuit Panel’s August 2017 decision vacating the EPA’s rule to limit the use of HFCs under the agency’s Significant New Alternatives Policy (SNAP) program. The D.C. Circuit Panel ruled that the agency had exceeded its authority to regulate HFCs under Section 612 of the Clean Air Act. The NRDC and the two companies’ filings are an attempt to keep the EPA’s 2015 rule banning the use of certain HFCs from being overturned. Responses to both petitions are due July 30, 2018, and July 26, 2018, respectively.

Additionally, eleven states and the District of Columbia filed a petition on June 26, 2018, as did the NRDC, to the D.C. Circuit requesting that the court review the EPA’s April 27th guidance indicating that the agency would suspend its final rule prohibiting the use of certain HFCs. The states and the NRDC argue that the EPA can still enforce limits for manufacturers and users that have not switched to HFCs.

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