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A United States Court of Appeals for the District of Columbia on August 8 blocked the Environmental Protection Agency’s attempt at restricting HFC refrigerants under Section 612 of the Clean Air Act. The EPA’s end-around ban, which it declared in 2015 was not justified, the court said, because HFC (hydrofluorocarbon) refrigerants do not deplete the ozone layer.

“EPA’s novel reading of Section 612  is inconsistent with  the statute as written. Section 612 does not require (or give EPA authority to require) manufacturers to replace non-ozone-depleting substances such as HFCs,” wrote Circuit Judge Kavanaugh. “We therefore vacate the 2015 Rule to the extent it requires manufacturers to replace HFCs, and we remand to EPA for further proceedings consistent with this opinion.”

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