RMS of Georgia, LLC v. EPA

A company that imports, produces, and sells refrigerants—which contended that EPA’s allocation rule gave other entities, including end-users such as the government, more than 20% of the company’s market share—argued in its rehearing petition that en banc review was warranted to consider the whether the AIM Act provided insufficient guidance to EPA in violation of the nondelegation doctrine; that the panel disregarded statutory text and interpretation principles and improperly deferred to EPA to supply “an intelligible principle that is otherwise lacking”; and that the EPA rule was at odds with the court’s interpretation of the AIM Act.

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