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Mexichem Fluor, Inc. v. Environmental Protection Agency

ELR Citation: 49 ELR 20057
Nos. 17-1024, (D.C. Cir., 04/05/2019)

The D.C. Circuit granted hydrofluorocarbon (HFC) manufacturers' petitions to review a 2016 EPA rule that rendered certain HFCs unacceptable for various uses in aerosols, motor vehicle air conditioners, commercial refrigerators, and foams. The court found that it was bound by a previous ruling that struck down a portion of a 2015 EPA rule that required manufacturers to replace already lawfully installed HFC substitutes. Environmental groups and manufacturers of HFC replacements raised a timeliness challenge, but the court found that the doctrine of issue preclusion required them to find jurisdiction. The court therefore vacated the 2016 rule to the extent that it required manufacturers to replace HFCs that were previously and lawfully installed as substitutes for ozone-depleting substances.