D.C. Circuit Court Agrees with Worthington Industries

Concludes the U.S. Environmental Protection Agency’s (EPA) Ban of Non-Refillable Cylinders is Illegal

COLUMBUS, Ohio, June 20, 2023 (GLOBE NEWSWIRE) -- Worthington Industries, Inc. (NYSE: WOR) announced today that the D.C. Circuit Court of Appeals supported Worthington’s position in concluding that the U.S. Environmental Protection Agency’s (EPA) 2021 ban of non-refillable refrigerant cylinders is invalid because the EPA overstepped its authority granted by Congress.

“We applaud the D.C. Circuit’s decision, which ensures that Worthington can continue to provide American-made, reliable, safe and affordable cylinders that are critical to the domestic refrigeration industry, while recognizing EPA’s authority to advance our shared goal of phasing out certain potent greenhouse gases under the American Innovation and Manufacturing (AIM) Act,” said Worthington Industries President & CEO Andy Rose. “We encourage EPA to accept the decision and quickly take steps to comply with the Court’s directive, removing the cylinder ban from EPA’s regulations.”

Rose continued, “This decision not only benefits Worthington, but also our customers – the thousands of heating, ventilation, air conditioning, and refrigeration system (HVACR) installers around the country, the tens of thousands of retail and commercial establishments who depend on refrigeration and cooling and American homeowners who need their air conditioning units serviced.”

Since EPA proposed these regulations as part of implementing the AIM Act in April 2021, Worthington repeatedly tried to work with EPA to find a better solution, but EPA ignored the Company’s requests and finalized a ban that Congress never authorized. Worthington was forced into this lawsuit, and fortunately, the Court agreed with Worthington’s analysis.

Worthington will request that EPA, in keeping with the Court’s ruling, publish a direct final rule that restores certainty for Worthington and its customers. In addition, the Department of Transportation, Pipeline and Hazardous Materials Safety Administration (PHMSA), which had proposed regulations that would have aligned with EPA’s now invalid refrigerant cylinder ban, should withdraw their proposed rule in light of the Court’s ruling.

The EPA could request an en banc hearing at the D.C. Circuit Court or directly petition the Supreme Court of the United States. Worthington believes it is in the best interest of the American people for EPA not to appeal and the Company stands ready to take the necessary actions to uphold the Court’s decision.