NCLA Suit Challenges AIM Act for Unlawfully Delegating Power over Refrigeration Companies to EPA
Congress passed the American Innovation and Manufacturing (AIM) Act of 2020 to phase down HFC production, empowering EPA to distribute a limited and ever-shrinking number of allowances for companies to manufacture or import these critical products.
- Congress passed the American Innovation and Manufacturing (AIM) Act of 2020 to phase down HFC production, empowering EPA to distribute a limited and ever-shrinking number of allowances for companies to manufacture or import these critical products.
- The AIM Act gives EPA essentially no guidance as to who should receive the allowances, violating Constitutional restrictions on Congress’s abdicating legislative authority to agencies.
- Article I, § 1 of the Constitution vests such power solely in Congress, which may not divest it to EPA, or any other executive branch agency.
- Here, Congress was derelict in its duty to make policy decisions that EPA would then implement.