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Mexichem Fluor, Inc. v. EPA

ELR Citation: 47 ELR 20097
Nos. 15-1328, (D.C. Cir., 08/08/2017)

The D.C. Circuit held that EPA overstepped its authority under the CAA when it banned the use of hydrofluorocarbons (HFCs) in products. In 2015, EPA issued a rule that restricted the manufacture of products containing HFCs. EPA based this decision on its authority to regulate "ozone depleting substances." Manufacturers challenged the rule claiming that EPA did not have authority to make them replace HFCs that are non-ozone depleting. The court agreed with the manufacturers, holding that the CAA does not permit EPA to order the replacement of substances that are not ozone depleting but that contribute to climate change. The court stated that this decision did not prohibit EPA from regulated these substances under TSCA. The case was remanded for further proceedings.