The U.S. Environmental Protection Agency had its push to regulate HFCs based on their global warming effects rejected by the D.C. Circuit, leaving attorneys wondering if the agency will come up with an alternative approach, how the appeals court’s ruling will impact businesses, and whether the EPA or another party will continue to press the case.

Here are three questions observers are asking following Tuesday’s ruling.

Will the EPA Try to Regulate HFCs Again?

Ballard Spahr LLP environmental partner Brendan Collins said the EPA could try to use a "retroactive disapproval" approach, which, in the words of the majority opinion, "could block manufacturers from making products that use HFCs even though those HFCs were deemed safe substitutes at the time the manufacturers decided to initially replace an ozone-depleting substance with HFCs."

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