The Heating, Air-conditioning & Refrigeration Distributors International (HARDI) , in partnership with the Plumbing-Heating-Cooling Contractors—National Association (PHCC) , filed an amicus brief with the U.S. Supreme Court in RMS of Georgia, LLC d/b/a Choice Refrigerants v. Environmental Protection Agency. The case challenges the EPA's allowance allocation rules under the American Innovation and Manufacturing (AIM) Act of 2020, which governs the phasedown of hydrofluorocarbons (HFCs) used in HVACR equipment.

The AIM Act directs EPA to reduce HFC production and consumption by 85 percent below historical baseline levels by 2036, with phasedown limits set by Congress. The EPA issued regulations that allocate refrigerant production and consumption allowances to market participants based on their historical production and import. The brief warns that invalidating the AIM Act's allowance allocation provisions would create serious disruption across the entire HVACR supply chain at a critical point in the industry's transition to next-generation refrigerants.

“The HVACR industry needs clear, predictable rules to make major investments in equipment, supply chains, storage, training, and customer support,” said Alex Ayers, vice president of government affairs at HARDI. “The AIM Act provides that certainty, and disrupting the allocation rule now would create confusion across the supply chain and make it harder for distributors and their customers to manage the refrigerant transition.”

The brief also notes that EPA has used similar market-based allowance systems for prior refrigerant transitions under the Clean Air Act, and that Congress modeled the AIM Act on those earlier programs. HARDI and PHCC argue that this history makes the case a poor vehicle for reconsidering broader constitutional questions about agency authority.

“HVACR contractors are on the front lines of this transition, working to install and service equipment designed for the new generation of refrigerants,” said Chuck White, vice president of regulatory affairs at PHCC. “We need to maintain a stable transition to avoid disruption and higher costs for contractors and consumers alike.”

HARDI and PHCC urged the Supreme Court to deny the petition for certiorari. The appeal was also opposed by the federal government, the Air-Conditioning, Heating, and Refrigeration Institute (AHRI), and the Alliance for Responsible Atmospheric Policy.