On August 18, 2023, the D.C. Circuit Court of Appeals denied a refrigerant manufacturer’s request for panel rehearing or rehearing en banc of the court’s decision rejecting the manufacturer’s nondelegation challenge to a U.S. Environmental Protection Agency (EPA) rule implementing the phasedown of hydrofluorocarbons (HFCs) pursuant to the American Innovation and Manufacturing (AIM) Act. The manufacturer had asked for reconsideration of the panel’s ruling that the Clean Air Act’s exhaustion requirement required the manufacturer to first raise before EPA its claim that the AIM Act impermissibly delegated legislative power to EPA.

Challenges to EPA's final rule on “Phasedown of Hydrofluorocarbons: Establishing the Allowance Allocation and Trading Program under the American Innovation and Manufacturing Act.”

Heating, Air-Conditioning, & Refrigeration Distributors International v. EPA

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D.C. Circuit Denied Rehearing on Nondelegation Claim Challenging AIM Act’s HFC Phasedown Rule

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D.C. Circuit Denied Rehearing on Nondelegation Claim Challenging AIM Act’s HFC Phasedown Rule

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