Federal Court Down an Obama-Era Regulation of Refrigerators and Air Conditioning

Maureen Collins | August 9, 2017
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On Tuesday, a federal court struck down an Obama-era regulation on air conditioners and refrigerators. 

The regulation in question was an EPA rule from 2015 that sought to outlaw the use of hydrofluorocarbons (HFCs), a chemical used in air conditioning and refrigeration. Obama's EPA argued that HFCs contribute to global warming by harming the ozone layer. But there's one major problem: most scientists disgree.

Since the EPA was regulating HFCs as "ozone-depleting substances" under the Clean Air Act, the D.C. Circuit Court of Appeals had no problem striking down this provision

Many legal scholars question the EPA's ability to regulate anything pertaining to global warming under the Clean Air Act, which was originally passed in 1970 to combat acid rain. 

The D.C. Circuit handed down the decision 2 to 1, with Judge Brett Kavanaugh and Judge Janice Rogers Brown voting to strike down the rule. Judge Brown recently announced her retirement from the Court, leaving yet another judicial opening for President Trump to fill. 

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