HARDI Files Lawsuit Against EPA for Overreach in Final Allocation Rule

Today, HARDI was joined by ACCA and PHCC in filing a lawsuit against the EPA over the ban on disposable cylinders and the cylinder tracking requirements contained in the final allocation rule. HARDI opposed these provisions in its statement at the public hearing and in its comments filed over summer. The petition for review filed against the EPA is the last step provided by the AIM Act in fighting against these provisions and had to be filed within 60 days of the rule being finalized. 

When the rule was first proposed HARDI sought feedback from members and an overwhelming majority of distributors opposed these provisions. After the release of the final rule, we examined the authority statementsprovided by the EPA and their responses to our and others’ comments and determined that the agency exceeded the authority implicitly granted by the AIM Act in finalizing these provisions. By exceeding their authority with these provisions, the EPA is opening the door to much worse regulations in the future as we phase-down the use of HFCs. 

The initial filing of the petition for review with the D.C. Circuit Court of Appeals is the first step in the litigation process. HARDI and other petitioners will submit a joint brief to the court outlining our arguments and the Department of Justice will submit its own brief defending the EPAs actions. The oral arguments for the case will be heard by a three-judge panel which will decide if the EPA exceeded its authority in finalizing the rule.

In addition to the petition for review, HARDI also submitted a petition for reconsideration directly to the EPA making additional arguments against the provisions. This process would allow the EPA to change the final rule based on the additional information provided. This secondary petition also allows us to introduce additional arguments that can be used in litigation. 

The deadline for challenges to the EPA’s allocation rule expired on December 4, only HARDI et al. and Worthington Industries filed petitions for review over the finalized rule. Worthington’s petition focuses on the single use cylinder ban and HARDI’s focuses on both the cylinder ban and the cylinder tracking requirements.

Choice Refrigerants has filed a petition over the actual allocations for 2022 but did not file against the final EPA rule.

For more information or feedback feel free to reach out to Alex Ayers, Director of Government Affairs. 

Read the press release here.