Mexichem Fluor, Inc. v. EPA

In an unpublished judgment, the D.C. Circuit Court of Appeals granted petitions for review challenging the second of two U.S. Environmental Protection Agency (EPA) rules that made certain hydrofluorocarbons (HFCs) unacceptable substitutes for ozone-depleting substances due to the HFCs’ global warming potential. The D.C. Circuit said it was bound by its 2017 opinion that held that EPA could not require manufacturers to replace HFCs they had already lawfully installed as substitutes. The court rejected the arguments of respondent-intervenors that the challenges to the substitution requirement were not timely. Although the D.C. Circuit had not expressly decided the timeliness issue in its 2017 opinion, the court concluded that the argument was barred under the doctrine of offensive issue preclusion.

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