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Nondelegation Challenge to EPA Refrigerant Market Access Rules

Case: RMS of Georgia, LLC, dba Choice Refrigerants v. Environmental Protection Agency, et al., No. 25-1079

Lower Court: District of Columbia

Docketed: 2026-03-12

Status: Pending

Question Presented: Whether Congress violated the Vesting Clause of Article I by giving an executive agency unbounded discretion to choose which private parties are entitled to participate in a multibillion-dollar market.

In a petition filed February 27, 2026, Erin E. Murphy asked the Supreme Court to review a lower court decision concerning EPA’s authority to determine which companies may participate in a multibillion-dollar market. The filing followed multiple extensions granted by the Chief Justice.

The question presented frames the issue in Article I terms, invoking the Vesting Clause. Solicitor General D. John Sauer will respond by April 13, 2026.

The case warrants attention because it tests whether nondelegation arguments can succeed when the delegation controls private economic participation rather than regulatory standards alone. The full docket remains available for tracking further developments.