Mexichem Fluor, Inc. v. EPA, No. 15-1328 (D.C. Cir. 2017)
Annotate this CasePetitioners challenged whether EPA had statutory authority to issue a 2015 Rule regulating the use of hydrofluorocarbons (HFCs). As statutory authority for the 2015 Rule, EPA relied on Section 612 of the Clean Air Act, 42 U.S.C. 7671k, which requires manufacturers to replace ozone-depleting substances with safe substitutes. The DC Circuit held that the fundamental problem for EPA was that HFCs were not ozone-depleting substances. Because EPA's novel reading of Section 612 was inconsistent with the statute as written, the court vacated the 2015 Rule to the extent it required manufacturers to replace HFCs and remanded for further proceedings.
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