Worthington Industries has confirmed the D.C. Circuit Court of Appeals supports Worthington’s position in concluding that the United States Environmental Protection Agency’s (EPA) 2021 ban of non-refillable refrigerant cylinders is invalid.
The court said the EPA overstepped its authority granted by Congress.
Worthington Industries president & CEO Andy Rose applauded the DC Circuit’s decision which ensures that Worthington can continue to provide American-made, reliable, safe and affordable cylinders.
“We encourage EPA to accept the decision and quickly take steps to comply with the Court’s directive, removing the cylinder ban from EPA’s regulations,” Rose said.
“This decision not only benefits Worthington, but also our customers – the thousands of heating, ventilation, air conditioning, and refrigeration system (HVACR) installers around the country, the tens of thousands of retail and commercial establishments who depend on refrigeration and cooling and American homeowners who need their air conditioning units serviced.”
Since EPA proposed these regulations as part of implementing the AIM Act in April 2021, Worthington repeatedly tried to work with EPA to find a better solution, but EPA ignored the company’s requests and finalized a ban that Congress never authorized.
Worthington will request that EPA, in keeping with the Court’s ruling, publish a direct final rule that restores certainty for Worthington and its customers.
The EPA could request an en banc hearing at the D.C. Circuit Court or directly petition the Supreme Court of the United States.