Supreme Court Declines to Hear Appeal of Lower Court's Decision Limiting EPA’s Regulation of HFC
WASHINGTON — The Supreme Court let stand a lower court ruling that allows the continued use of hydrofluorocarbons (HFCs), a powerful class of climate-damaging chemicals, in millions of consumer products ranging from air conditioners to aerosol sprays.
“Coming only a day after the world’s leading climate scientists called for urgent action to curb dangerous carbon pollution, the court’s decision lets irresponsible companies continue harming our planet — even though safer alternatives exist," said David Doniger, an attorney and senior strategic director of the Climate and Clean Energy Program at the Natural Resources Defense Council. “Thankfully, states are stepping up. Four already have committed to curbing HFCs, and more are expected soon to follow the leadership of California, New York, Maryland, and Connecticut.
“NRDC will continue working with states and with responsible industry leaders to stay on track, and on schedule, in the transition to safe alternatives.”
Acting under a Clean Air Act program adopted to ensure the safety of the alternatives for ozone-destroying chemicals, the Environmental Protection Agency had set timetables for industry to switch from HFCs to safer alternatives. But the U.S. Court of Appeals in Washington, in an 2-1 decision written by then-Judge Brett Kavanaugh in August 2017, held that EPA had no power to stop the use of HFCs.