Maryland Attorney General Joins Lawsuit Against EPA Rule Weakening Greenhouse Gas Regulations

Maryland Attorney General Anthony G. Brown has joined a coalition of state attorneys general in challenging a recent U.S. Environmental Protection Agency (EPA) rule that they argue weakens regulations on highly potent greenhouse gases used in refrigeration and cooling systems. The lawsuit, filed in the U.S. Court of Appeals for the District of Columbia Circuit, seeks to review the EPA’s decision, contending it is contrary to law and lacks adequate justification for altering previous positions on phasing out hydrofluorocarbons (HFCs).

HFCs, widely employed in commercial, residential, and mobile cooling and air conditioning, possess a global warming potential significantly higher than carbon dioxide, with some estimates suggesting it is up to 10,000 times greater. These chemicals, initially introduced as a safer alternative to ozone-depleting substances like CFCs, have since been identified as a major climate threat. Projections indicate that uncontrolled HFC emissions could contribute as much as 0.5 degrees Celsius (approximately 0.9 degrees Fahrenheit) to global surface warming by the year 2100. Given their extreme potency, rapid increase in emissions, and relatively short atmospheric lifespan, reducing the consumption and production of HFCs is considered a critical strategy for climate change mitigation.

The lawsuit specifically targets the EPA’s rollback of existing deadlines for industries to transition away from HFCs towards refrigerants with lower global warming potential. This action is seen as undermining the American Innovation and Manufacturing Act of 2020 (AIM Act), which established a framework for phasing out HFCs by approximately 85% by 2036. The AIM Act mandates declining limits on HFC production and imports, with a target of reaching 15% of historic baseline levels by 2036. The prior regulations, under the EPA’s Technology Transitions rule, had set specific sector-based requirements for transitioning to lower-GWP refrigerants in new equipment. For instance, new remote condensing units, commonly used in food retail refrigeration, were required to use refrigerants with a GWP of 150 to 300 starting January 1, 2026. The EPA’s revised rule, however, would permit these units to use refrigerants with a GWP up to 10 times higher, extending this allowance until January 1, 2032.

If allowed to stand, the revised EPA rule could lead to increased HFC emissions, exacerbating the impacts of climate change. Furthermore, by disrupting the parallel reduction in HFC supply and demand, the rule may create market instability, potentially resulting in shortages and price increases for these refrigerants. Such economic consequences could ultimately be passed on to consumers in the form of higher costs for cooling and refrigeration services. Attorney General Brown emphasized the urgency of the issue, noting the increasing frequency of record-breaking hot years and the direct correlation between unchecked refrigerant gases and accelerated climate trends.

Joining Maryland Attorney General Brown in this legal challenge are the attorneys general from California, Washington, Colorado, Delaware, Hawai‘i, Illinois, Maine, Michigan, Minnesota, Nevada, New Jersey, New York, Oregon, Rhode Island, Vermont, Wisconsin, as well as the Commonwealth of Massachusetts, the District of Columbia, and the City of New York.

Article by Mel Anara, based upon information from the Maryland Attorney General’s Office.

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