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The Climate Litigation Database

RMS of Georgia, LLC v. EPA

Geography
🇺🇸 United States / District of Columbia
Date
2021
Document type
Litigation
Part of
RMS of Georgia, LLC v. EPA

About this case

Filing year
2021
Status
Motion to voluntarily dismiss filed by petitioner RMS of Georgia, LLC.
Geography
Docket number
22-1025
Court/admin entity
United States → United States Federal Courts → D.C. Cir.
Case category
Federal Statutory Claims → Clean Air Act → Industry Lawsuits → Other Regulation
Principal law
United States → American Innovation and Manufacturing Act (AIM Act)United States → Clean Air Act (CAA)
At issue
Challenge to EPA's 2022 and 2023 allowance allocations for hydrofluorocarbons under the American Innovation and Manufacturing Act of 2020.

Documents

Filing Date
Type
Action Taken
Summary
Document
08/23/2023
Motion
Motion to voluntarily dismiss filed by petitioner RMS of Georgia, LLC.
On August 23, 2023, the manufacturer filed a motion to voluntarily dismiss separate petitions for review that sought review of EPA’s notices regarding the 2022 and 2023 allocations for production and consumption of hydrofluorocarbons.
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07/07/2023
Decision
No. 22-1025 returned to active docket and consolidated with No. 22-1313; No. 22-1314 dismissed as time-barred and for lack of jurisdiction.
–
View
05/08/2023
Response
Respondents filed response to petitioners' motion to govern further proceedings.
–
View
04/28/2023
Motion
Motion to govern further proceedings filed by RMS of Georgia, LLC d/b/a Choice Refrigerants.
–
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04/14/2023
Decision
No. 22-1025 consolidated with No. 23-1104 (after transfer of No. 23-1104 from Eleventh Circuit).
–
View
03/14/2022
Decision
Case held in abeyance.
The D.C. Circuit ordered that the challenge to the allocations be held in abeyance until the Eleventh Circuit decided the pending question of whether it had jurisdiction of the challenge to the allocations that the petitioner filed there.
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03/08/2022
Consent Decree/Order
Consent motion to govern further proceedings filed by petitioner.
–
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12/06/2021
Petition
Petition for review filed.
RMS of Georgia, LLC filed a petition challenging EPA's Notice of 2022 Allowance Allocations for Production and Consumption of Regulated Substances Under the American Innovation and Manufacturing Act of 2020. The petitioner said it was filing the challenge protectively, as it believes the proper venue is the Eleventh Circuit, where it also filed a challenge (<a href="https://climatecasechart.com/case/rms-of-georgia-llc-v-epa-2/">RMS of Georgia, LLC</a>, No. 21-14213).
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Summary

Challenge to EPA's 2022 and 2023 allowance allocations for hydrofluorocarbons under the American Innovation and Manufacturing Act of 2020.