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Can EPA Decide Who Stays in Business?

In this episode of Unwritten Law, NCLA President and Chief Legal Officer Mark Chenoweth and Senior Litigation Counsel John Vecchione are joined by NCLA General Counsel Zhonette Brown to discuss the federal government’s response brief in Choice Refrigerants v. EPA, a case asking the U.S. Supreme Court to revisit the nondelegation doctrine.

The discussion focuses on whether Congress unconstitutionally handed the EPA broad authority to determine how shrinking refrigerant allowances are allocated under the AIM Act—effectively deciding which companies can continue operating and which may be pushed…

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