Arkema Inc. v. EPA (D.C. Circuit)

In this case, we secured vacatur of a final rule promulgated by the Environmental Protection Agency (“EPA”). The rule provided allowances for the production of ozone-depleting substances under a cap-and-trade system. In a prior rule, EPA had authorized companies to make permanent inter-pollutant trades of the substances, and it later approved a number of such trades by our client, Arkema. In the subsequent rule at issue in this case, however, EPA took the position that permanent inter-pollutant trades were never permissible, and it refused to give effect to Arkema’s prior trades. The court agreed with our position that the rule was impermissibly retroactive.


Brief for Petitioners

Reply Brief

Brief in opposition