Supreme Court Declines to Take up Challenges to Invalidation of EPA HFC Rule

On October 9th, 2018 the United States Supreme Court declined to hear an appeal to reverse the D.C. Circuit Court of Appeals’ decision to vacate a rule by the U.S. Environmental Protection Agency (EPA) forcing companies that use hydrofluorocarbons (HFCs) in products like spray cans and refrigerators to swap them out for an EPA-approved alternative. While he was not part of the Supreme Court’s decision to deny certiorari, newly-appointed Justice Brett Kavanaugh authored the majority opinion in the D.C. Circuit Court of Appeals’ decision.

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