The EPA under the Biden Administration crafted a cap-and-trade scheme to allocate market share in the multibillion-dollar hydrofluorocarbons industry — including to “new market participants” based on the promotion of “equity.” Now, one of the businesses the EPA rendered a market-share loser under the federal agency’s unconstitutional take-over of the hydrofluorocarbon industry seeks review by the Supreme Court. And that pending petition represents a sleeper case that could implode much of the administrative state if it makes it onto the high court’s docket next term. Next Thursday, the Supreme Court will conference over the pending petition for review, called a petition for certiorari, in the case of RMS of Georgia, LLC, dba Choice Refrigerants v. EPA.
The petitioner, known more widely as Choice Refrigerants, is a small business operating out of Georgia which invested in patented blends of refrigerants for air conditioning and other products in the early 2000s. At the time, the EPA encouraged the development of hydrofluorocarbons to replace the ozone-depleting refrigerants then on the market. In December of 2020, Congress passed a statute called the AIM Act, short for the American Innovation and Manufacturing Act of 2020, which mandated a phasedown in the United States of hydrofluorocarbons using a cap-and-trade program. The AIM Act provided for a phased elimination of 85% of hydrofluorocarbons produced in, or imported to, the United States. While Congress detailed in the AIM Act the cap for each phase of the plan to reduce hydrofluorocarbons, the statute provided no direction for the EPA to decide who should receive “allowances” under the law.
With no guidance from Congress, the EPA invented its own standards for doling out allowances, with the EPA reserving millions of allowances for “new entrants.” The EPA’s final rule from October 5, 2021, also expressly provided multiple times that, in allocating market share, it could consider “equity.” The EPA later issued a final rule in July of 2023 to cover allocation of hydrofluorocarbons from 2024 through 2028. That final rule continued to provide for allowances to “new market” entrants, prejudicing Choice Refrigerants and other businesses to the advantage of those deemed worthy by the Biden Administration. When Choice Refrigerants challenged the EPA’s scheme, the EPA initially defended its allocation of market-share by claiming it “was free to issue the allowances in a reasonable manner, reasonably explained,” based on Chevron deference. However, the Supreme Court would later overrule the Chevron doctrine — a doctrine which required courts to defer to an agency’s interpretation of a statute so long as it was reasonable.
But none of these things move me; nor do I count my life dear to myself, so that I may finish my race with joy, and the ministry which I received from the Lord Jesus, to testify to the gospel of the grace of God. Acts 20:24
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“to the point about pricing poor people out of owning firearms, I think poor people don’t benefit from owning firearms.” Dr. Anthony D. Douglas
Many years ago, Otis McDonald, a 76-year old retiree living in a high-crime area of Chicago testified that he had “been robbed numerous times in his Morgan Park home; [he’d] witnessed too many crimes to count and …been threatened with pistols around his home.” The gangbangers and drug dealers had “taken over” his neighborhood, and he wanted to keep a handgun in his own home to protect himself, something that Chicago law at the time prohibited. Mr. McDonald was the named plaintiff in McDonald v. City of Chicago, the landmark challenge to the handgun ban, and his experiences helped persuade the United States Supreme Court to overturn the law as a violation of the Second Amendment.
The Court dismissed Chicago’s and other municipalities’ arguments as “at war with our central holding in Heller: that the Second Amendment protects a personal right to keep and bear arms for lawful purposes, most notably for self-defense within the home.” A University of Chicago trauma doctor, testifying before the Illinois House Gun Violence Prevention Task Force, is seeking to turn back the clock. Responding to concerns over pricing lower-income gun buyers out of the market, Dr. Anthony D. Douglas declared that “to the point about pricing poor people out of owning firearms, I think poor people don’t benefit from owning firearms.” This “concern about poor people being able to, are benefit from owning firearms or being put out of being able to afford firearms is, I think, we are a little bit distracted from what poor people and poor communities actually need.”
Dr. Douglas is “the mastermind behind HB3320/ SB2279,” the Responsibility in Firearm Legislation (RIFL) Act. This 122-page legislation would, if passed, require firearm manufacturers in Illinois to obtain a RIFL license, and distribute license fees proceeds to “victims of firearms” (“firearm injury” means any gun-related injury, suicide or homicide). License fees would be set at an amount estimated to be “equal to the public health costs and financial burdens borne by the State and its residents as a result of firearm injuries,” using the incidence of firearm injuries in the previous year; however, in the first year the total annual aggregate fee would be capped at $866,000,000. Each licensee would be required to pay the portion of the total annual aggregate fee equal to the market share of the firearm manufacturer. A program established under the law would compensate “victims of firearms” for all direct costs incurred as a result of firearm injury for up to three years post-event, which payments would be tax-exempt. Anyone suffering a firearm injury (including out-of-state residents), their next of kin, legal guardian, dependent, first-degree relative, second-degree relative, and employer could qualify as “eligible victims.”
License fees, in reality a “punishment tax,” would add at least $1,600 to the cost of each firearm sold in the state, according to a lobbyist for the Illinois State Rifle Association. Guns for self-defense or subsistence hunting would become unaffordable luxuries for the poor and eventually, for just about everyone, once the legislation destroys the Second Amendment in Illinois. Dr. Douglas and other bill supporters argue that the gun industry should “pay for the bloodshed it helps to create” by shifting “the direct costs away from taxpayers and place[] them where they belong: on the gun industry.” Manufacturers would “pay according to how frequently their products are recovered in injuries and deaths in Illinois. If their products are never recovered, they pay nothing…The logic that ‘guns don’t kill people, people kill people’ is passé.” Besides driving up prices, and creating new fees and bureaucracy, the bills seek to override the federal Protection of Lawful Commerce in Arms Act (PLCAA), which protects the heavily-regulated gun industry from liability for a third party’s criminal misuse of their products.
The legislation also ignores the pesky logical issue that violent crime is, in fact, the product of gangs and criminals and enabled by soft-on-crime public officials advocating “non-punitive” justice, all of which have nothing to do with the gun industry and none of whom will share the financial burden imposed by the RIFL Act. An inconvenient truth at odds with Dr. Douglas’s narrative is that Chicago’s poor and minorities, in common with those throughout America, remain the most at risk of crime and violence and therefore have, if anything, an even more pressing need for the tools of self-defense than most. The Illinois Policy Institute, a nonpartisan 501(c)(3) research organization, notes that minority communities in the city’s South Side and West Side face poverty rates “of nearly three times the citywide average,” and an analysis shows, further, that “low-income areas of the city and Black and Hispanic Chicagoans are much more likely to experience crime.”
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