U.S. Supreme Court asked to review District Court’s decision to vacate EPA SNAP rule

August 27, 2018

Attorneys general from 17 states and the District of Columbia have asked the U.S. Supreme Court to review the U.S. Court of Appeals for the District of Columbia’s decision to vacate the U.S. Environmental Protection Agency’s (EPA) Significant New Alternatives Policy (SNAP) rule. Under SNAP, EPA would have required manufacturers to stop using specific hydrofluorocarbon (HFC) refrigerants and foam-blowing agents commonly used in a number of commercial foodservice equipment categories. The attorneys general want to reinstate EPA’s authority to stop manufacturers from using these HFCs.

In a brief filed in late July, the attorneys general said the “D.C. Circuit’s ruling goes against the clear intentions of the law and has left significant uncertainty about what the EPA’s regulatory authority is in regard to the replacement of ozone-depleting chemicals, and as a result, the agency has abandoned enforcement efforts.”

The attorneys general also hope to eliminate state-by-state solutions that would prove especially burdensome for manufacturers. California continues to move ahead with plans to enforce the SNAP requirements.