Non-Refillable Cylinder Ban Ruled Illegal by D.C. Circuit Court

The D.C. Circuit Court of Appeals has concluded that the U.S. Environmental Protection Agency’s (EPA) 2021 ban on non-refillable refrigerant cylinders is not valid as it overstepped its authority granted by Congress, supporting Worthington Industries, Inc.'s position on the matter. 

Worthington Industries is an industrial manufacturer of laser welded solutions and electrical steel laminations that provide lightweighting, safety-critical, and emission-reducing components to the mobility market. Through onboard fueling systems and gas containment solutions, Worthington serves the growing global hydrogen ecosystem.

“We applaud the D.C. Circuit’s decision, which ensures that Worthington can continue to provide American-made, reliable, safe, and affordable cylinders that are critical to the domestic refrigeration industry while recognizing EPA’s authority to advance our shared goal of phasing out certain potent greenhouse gases under the American Innovation and Manufacturing (AIM) Act,” said Worthington Industries President & CEO Andy Rose. “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 continued, “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 the EPA ignored its requests and finalized a ban that Congress never authorized. Worthington was forced into this lawsuit, and fortunately, the Court agreed with Worthington’s analysis.

Worthington has stated that it will request that the EPA publish a direct final rule that restores certainty for Worthington and its customers in relation to the Court's decision. Worthington also urges the Department of Transportation, Pipeline and Hazardous Materials Safety Administration (PHMSA)—which had originally proposed regulations that would have aligned with the EPA’s invalid refrigerant cylinder ban—to withdraw their proposed rule in light of the Court’s ruling.

The EPA could request an en banc hearing at the D.C. Circuit Court or directly petition the Supreme Court of the United States. Worthington believes it is in the best interest of the American people for EPA not to appeal and the Company stands ready to take the necessary actions to uphold the Court’s decision.