RMS of Georgia, LLC, d/b/a Choice Refrigerants v. EPA

A company that produces refrigerants filed a petition for writ of certiorari in the U.S. Supreme Court seeking review of the question of whether Congress violated the Vesting Clause of Article I of the Constitution in the American Innovation and Manufacturing Act of 2020 (AIM Act) by giving an executive agency (the U.S. Environmental Protection Agency (EPA)) “unbounded discretion to choose which private parties are entitled to participate in a multibillion-dollar market” for hydrofluorocarbons (HFCs). The petition contended that the AIM Act—which requires a phasedown of HFC production and consumption—failed to provide any “intelligible principle” to guide EPA’s exercise of discretion as required by the Court’s nondelegation doctrine. The company argued that in determining that Congress had provided sufficient guidance for EPA’s exercise of discretion, the D.C. Circuit had “committed an Article III violation by reading into the Act the guidance Congress did not supply.”