New HFC Litigation Could Renew Non-Delegation, Credit Allocation Fights

Just-filed litigation over EPA’s process for allocating credits in the next portion of a phasedown program for climate-warming hydrofluorocarbons (HFCs) is poised to renew disputes about whether Congress unlawfully delegated too much authority to the agency and whether EPA’s allocation formula is fair to different types of firms. The U.S. Court of Appeals for the District of Columbia Circuit on Sept. 18 consolidated two petitions challenging EPA’s allocation rule for 2024-2028, which it finalized in July . One Sept. 14...