Eighteen AGs Filed Amicus Brief In Support of EPA’s Authority to Phase-Out Hydrofluorocarbons

Massachusetts Attorney General Maura Healey led a coalition of 18 attorneys general filed an amicus brief asking the Supreme Court to overturn a divided appellate court decision in Mexichem Flour vs. EPA. Relying on a strained reading of the Clean Air Act, the appellate court ruled that the Environmental Protection Agency (EPA) does not have the authority to phase out the use of hydrofluorocarbons (HFCs) in air conditioning and refrigerants, despite the fact that HFCs are potent greenhouse gases and therefore “air pollutants” that can be regulated under the Clean Air Act.

• Documents: Amicus Brief
• Document Type: Briefs
• States: Connecticut Delaware Hawaii Illinois Iowa Maine Maryland Massachusetts Minnesota New Jersey New York North Carolina Oregon Pennsylvania Vermont Virginia Washington Washington, D.C.
• Agencies: Environmental Protection Agency
• Issues: Clean Air & Climate Clean Air Act Greenhouse Gas Emissions Hydrofluorocarbons Ozone Public Health
• Era: Obama Administration
• Explanation of Outcome:This case was lost because the petition for certiorari was denied.
• Action Type: Litigation