BREAKING NEWS
Court Suspends Enforcement of New York Refrigerant Ban
HARDI seeks preliminary injunction and a legislative fix
COOLER AISLE: A Heating, Air-conditioning, & Refrigeration Distributors International (HARDI) study found more than 18,000 refrigeration systems in the state of New York that rely on refrigerants that state lawmakers have banned. A state court has temporarily halted enforcement of the ban pending further legal proceedings.
ALBANY, N.Y. — A New York appeals court ruling temporarily prevents the New York State Department of Environmental Conservation (NYSDEC) from enforcing a ban on two refrigerants used in the maintenance of commercial refrigeration systems employed by businesses throughout the state.
The Appellate Division of the New York State Supreme Court, Third Department, has also granted a show-cause order in the ongoing challenge to the state’s refrigerant regulations brought by Heating, Air-conditioning, & Refrigeration Distributors International (HARDI).
As part of the court’s decision, the enforcement discretion pertaining to R-404A and R-507A, which was set to expire on Tuesday, March 31, is extended, and the NYSDEC is barred from enforcing the prohibition contained in Part 494-1.4(f)(1) pending a decision on HARDI’s request for a preliminary injunction.
This action provides immediate and critical relief to businesses across New York that rely on refrigerants to maintain safe and reliable food storage, distribution, and retail operations, a press release from HARDI said. A recent study by HARDI found that an estimated 18,130 systems rely on the refrigerants protected by the court order, and that if the prohibition is allowed to take effect, it would cost the state $106.2 million in economic output. The court’s decision ensures that the current supply of refrigerants can continue to be used while the request for a preliminary injunction is decided.
“HARDI thanks the court for recognizing there is a critical issue with the refrigerant prohibition in Part 494,” said Alex Ayers, HARDI’s vice president of government affairs. “The court recognized the urgency of the situation and the need to prevent disruption while these serious legal and practical concerns are fully considered.”
HARDI and industry stakeholders have consistently warned that the refrigerant restrictions in Part 494, particularly the prohibition on commonly used refrigerants, are not aligned with current market realities, the press release said. Supply constraints and limited alternatives have raised significant concerns about businesses’ ability to comply without jeopardizing operations.
Without relief, HARDI warned, the regulation will lead to refrigerant shortages that could disrupt food supply chains, increase costs, and impact consumers statewide.
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By granting the show-cause order and temporarily blocking enforcement of the prohibition, the court has preserved market stability and provided time for a determination on the request for a preliminary injunction, the press release said.
“This decision reinforces what we have been saying all along: The timeline and structure of Part 494 are unworkable,” Ayers added. “We remain committed to pursuing a durable solution that protects the environment, ensures viability of essential refrigeration, and prevents unnecessary cost increases for consumers.”
The case will now proceed as the court considers whether to grant a preliminary injunction. In the meantime, HARDI is urging the New York State Legislature to take action to address the underlying issues with Part 494 and ensure a more practical, coordinated approach that aligns with federal standards and avoids unnecessary harm to consumers and businesses.
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