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SCOTUS Has The Chance To Deliver Decisive Blow To The EPA’s Unconstitutional Overreach

Until the Court addresses the flawed and non-textual nondelegation doctrine, federal agencies will continue to make laws — and pick winners and losers.

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The EPA under the Biden Administration crafted a cap-and-trade scheme to allocate market share in the multibillion-dollar hydrofluorocarbons industry — including to “new market participants” based on the promotion of “equity.” Now, one of the businesses the EPA rendered a market-share loser under the federal agency’s unconstitutional take-over of the hydrofluorocarbon industry seeks review by the Supreme Court. And that pending petition represents a sleeper case that could implode much of the administrative state if it makes it onto the high court’s docket next term.

Next Thursday, the Supreme Court will conference over the pending petition for review, called a petition for certiorari, in the case of RMS of Georgia, LLC, dba Choice Refrigerants v. EPA. The petitioner, known more widely as Choice Refrigerants, is a small business operating out of Georgia which invested in patented blends of refrigerants for air conditioning and other products in the early 2000s. At the time, the EPA encouraged the development of hydrofluorocarbons to replace the ozone-depleting refrigerants then on the market.

In December of 2020, Congress passed a statute called the AIM Act, short for the American Innovation and Manufacturing Act of 2020, which mandated a phasedown in the United States of hydrofluorocarbons using a cap-and-trade program. The AIM Act provided for a phased elimination of 85% of hydrofluorocarbons produced in, or imported to, the United States.

While Congress detailed in the AIM Act the cap for each........

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