Crowell & Moring Secures Supreme Court Victory for the Alliance for Responsible Atmospheric Policy and the Air-Conditioning, Heating, and Refrigeration Institute

Washington: Crowell & Moring secured a U.S. Supreme Court victory on behalf of the Alliance for Responsible Atmospheric Policy (ARAP) and the Air-Conditioning, Heating, and Refrigeration Institute (AHRI) when the Court denied RMS of Georgia's petition for writ of certiorari in RMS of Georgia v. Environmental Protection Agency. This ruling preserves a favorable decision by the U.S. Court of Appeals for the District of Columbia Circuit regarding implementation of the American Innovation and Manufacturing Act (AIM Act). The AIM Act provides for the phasedown of the use of hydrofluorocarbons (HFC) based on their high global warming potential. HFCs are used in many important sectors of the economy including air-conditioning and refrigeration, insulating foams, industrial solvents, aerosol sprays, and laboratory equipment. ARAP and AHRI, as associations representing businesses that produce and use HFCs and their replacements, have a vital interest in the orderly implementation of the AIM Act.

Certiorari was sought to challenge an EPA rule to allocate HFC allowances, the method by which the phasedown of their use is implemented. But as briefed, the primary effort was to pursue a constitutional challenge to the law invoking the nondelegation doctrine. RMS of Georgia received support from several amici, including several advocacy organizations and a group of states. In addition to ARAP and AHRI, the U.S. EPA also opposed certiorari. The Heating, Air-conditioning & Refrigeration Distributors International (HARDI) and the Plumbing-Heating-Cooling Contractors-National Association (PHCC) filed an amicus brief supporting the government, ARAP, and AHRI.

The Crowell team includes partners Bob Meyers and Ellie Dawson.

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