“The fundamental problem for EPA is that HFCs are not ozone-depleting substances, as all parties agree. Because HFCs are not ozone-depleting substances, Section 612 would not seem to grant EPA authority to require replacement of HFCs. Indeed, before 2015, EPA itself maintained that Section 612 did not grant authority to require replacement of nonozone-depleting substances such as HFCs.”
“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. 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.”
The EPA still has to do their rewrite, and of course it is possible that they might choose to appeal to the supreme court. But for now, the HFC phase down has been phased out.
You can download the ruling and read it for yourself here:
Below are two links to other articles about this ruling.