EPA Rebuts Industry’s Non-Delegation Claim Against HFC Phasedown Law

EPA is rejecting claims that Congress unlawfully delegated the agency legislative authority in the 2020 bipartisan law to sharply phase down climate-warming hydrofluorocarbons (HFCs), offering what appears to be the agency’s first detailed rebuttal to an argument being advanced by an HFC manufacturer and some free-market groups. “By setting forth Congress’s policy and by providing guardrails for EPA’s discretion in the statutory structure and context, the [American Innovation and Manufacturing (AIM) Act] provides a sufficient ‘intelligible principle’ and thus is...