To Rebut Non-Delegation Claim, NRDC Likens HFC Program To Title VI Rules

The Natural Resources Defense Council (NRDC) is defending against claims that Congress unconstitutionally delegated EPA legislative authority in directing it to sharply phase down climate-warming hydrofluorocarbons (HFCs), arguing that the agency’s implementation broadly echoes longstanding efforts to restrict ozone-harming chemicals. The environmental group also asserts that the HFC manufacturer pursuing the claim lacks standing to sue because the company is seeking to scrap only one element of the 2020 HFC control law, and that doing so would not redress its...