Heating Air-Conditioning Refrigeration Distributors International v. New York State Department of Environmental Conservation

In a one-page decision and order, the New York Appellate Division granted Heating Air-Conditioning Refrigeration Distributors International’s (HARDI’s) motion for a preliminary injunction pending their appeal of a New York Supreme Court decision rejecting HARDI’s challenge to New York State Department of Environmental Conservation (NYSDEC) regulations addressing hydrofluorocarbons. HARDI requested that NYSDEC be enjoined from enforcing the regulations’ prohibition on sale or purchase of bulk refrigerants as applied to R-404A and R-507A. NYSDEC had previously granted temporary enforcement discretion with respect to the two refrigerants. HARDI argued it was likely to succeed on the merits in its appeal because industry’s inability to comply with the prohibition was “abundantly clear” and the Supreme Court had erred in relying on NYSDEC’s “ad hoc and discretionary ability to provide relief for infeasibility.” HARDI also argument that New York businesses such as its members would suffer substantial harms. HARDI also argued that the balance of equities weighed in its favor because enforcement of the prohibition on the two refrigerants would have “disastrous consequences” for suppliers, customers, and consumers, while NYSDEC would suffer “little harm” from maintenance of the status quo since the injunction was limited to two refrigerants, NYSDEC had previously exercised its enforcement discretion, and New York State was currently considering rolling back its greenhouse gas emissions reduction requirements. NYSDEC opposed the preliminary injunction, as did Natural Resources Defense Council, which intervened to defend the regulations. The Appellate Division granted the motion without prejudice to a motion to vacate the preliminary injunction if the appeal was no perfected on or before June 8.