Barclay Damon’s press release announcing a preliminary injunction against enforcement of New York State’s hydrofluorocarbon (HFC) refrigerant regulation was featured in the New York Law Journal “Barclay Damon Highlights Efforts Blocking NY Ban on Refrigerants.” The article details the New York State Appellate Division, Third Department’s, decision to block enforcement of the New York State Department of Environmental Conservation’s (DEC) ban on the sale and purchase of certain refrigerants, including R-404A and R-507A, while the court considers requests for a permanent injunction or annulment. Barclay Damon secured the injunction on behalf of Heating, Air-conditioning, & Refrigeration Distributors International (HARDI), which represents hundreds of distributor companies and affiliates nationwide.
The publication quoted statements from Barclay Damon’s press release, including comments from Yvonne Hennessey, chair of the firm’s Environmental Practice Area, who described the injunction as a significant achievement given the challenges of obtaining relief against a state agency in a climate-related matter. The article also referenced the firm’s position that the DEC exceeded its authority, failed to comply with procedural rulemaking requirements, and implemented regulations without adequate consideration of feasibility, costs, and scientific support.
The challenged regulation, adopted in 2020 as part of New York’s climate initiatives, is more restrictive than the federal phasedown approach established under the American Innovation and Manufacturing Act. The article further noted HARDI’s continued advocacy for legislative solutions to address the potential economic and operational impacts of the regulation on businesses, consumers, and the food supply chain.
New York Law Journal subscribers can read the full article here.