ELR Citation: 44 ELR 20223
No(s). 14-1054 (D.C. Cir. Oct 3, 2014)

The D.C. Circuit upheld EPA's denial of a petition to reconsider an Agency rule allocating production allowances for hydrochlorofluorocarbons (HCFCs), ozone-depleting refrigerants. The petitioners argued that reconsideration should be granted because the rule has an adverse environmental impact and improperly provides allowances to foreign-based companies. But the petitioner forfeited any challenge to the denial of the petition for reconsideration on these issues by not addressing them in its response to the motion for summary denial. The petitioner also claimed that the rule harms the HCFC reclamation and alternative-refrigerant industries by allocating excessively high HCFC production allowances. But the petitioner failed to raise this objection during the public comment period, and it failed to demonstrate that it was impracticable to do so at that time.