D.C. Circuit Judges Appear Skeptical Of Suits Over EPA’s HFC Allocations

A panel of D.C. Circuit judges appears skeptical of a pair of challenges to EPA’s most recent rule outlining how officials will allocate allowances under its hydrofluorocarbon (HFC) phasedown program, including a sweeping claim that the 2020 HFC control statute is unconstitutional under the so-called nondelegation doctrine. Under that argument -- advanced by the refrigerant company Choice Refrigerants -- the law known as the American Innovation and Manufacturing (AIM) Act does not outline how EPA must allocate allowances to various...