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ARTICLE · 03 JUNE 2020

D.C. Circuit Vacates 2018 Rule On Use Of Hydrofluorocarbons

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On April 7, 2020, the United States Court of Appeals for the District of Columbia Circuit vacated the Protection of Stratospheric Ozone: Notification of Guidance and a...

United StatesEnvironment
Jane Story
Jane Story
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On April 7, 2020, the United States Court of Appeals for the District of Columbia Circuit vacated the Protection of Stratospheric Ozone: Notification of Guidance and a Stakeholder Meeting Concerning the Significant New Alternatives Policy (SNAP) Program, 83 Fed. Reg. 18,431, 18,432 (Apr. 27, 2018) (the "2018 Rule"), which had allowed the interim use of hydrofluorocarbons ("HFCs")—which are greenhouse gases ("GHGs")—by all manufacturers as a substitute for ozone-depleting substances in a variety of products. Natural Res. Def. Council v. Wheeler, 955 F.3d 68 (D.C. Cir. 2020).

The history of relevant rulemaking here dates back to 1994, when the United States Environmental Protection Agency ("EPA"), concerned with depletion of the ozone layer, determined that certain HFCs were safe substitutes for ozone-depleting substances in a variety of products, including aerosols, motor vehicle air conditioners, and commercial refrigerators. By 2015, however, EPA was concerned with

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