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Kigali Amendment Reaffirms U.S. Environmental Commitment

By Andrew Eastman & Leah Kaiser on October 18, 2022
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On September 21, 2022, the Senate passed the Kigali Amendment to the 1987 Montreal Protocol (which had been signed by former President Obama in 2016) by a vote of 69 to 27, reaffirming U.S. commitment to the reduction of hydrofluorocarbons (“HFCs”) through multiple processes (some of which are already causing shifts in import and export markets, as well as in the consumer market).   

The Kigali Amendment compels Montreal Protocol signatories to phase out the use of HFCs, potent greenhouse gases commonly used in air conditioning and refrigeration, by 85% over the next 15 years. Environmental groups supported the passage as an effort to reduce global warming, while some Republicans and domestic manufacturers urged passage to protect and promote domestic companies uniquely poised to manufacture HFC alternatives. 

Despite these unusual alliances, coverage has been limited and many have called the move largely symbolic, in part because the U.S. is already committed to an aggressive HFC phasedown; in December 2020, Congress, via the American Innovation and Manufacturing Act (“AIM Act”), mandated that the U.S. Environmental Protection Agency (“EPA”) implement a phasedown of HFCs by issuing production and consumption allowances to importers and producers. In response, EPA passed a comprehensive rule in October 2021, which provided a detailed framework for achieving the HFC phasedown targets outlined in the AIM Act.

EPA issued its first company-specific allowance allocations under the program in October 2021 for calendar year 2022 and has since developed an interagency task force focused on illegal HFC trade, which has been very active. Still, the ratification of the Kigali Amendment underscores the Biden administration’s commitment to HFC reduction, although unintended consequences may lurk – some predict consumers will bear the cost of the HFC phasedown as supply becomes increasingly limited (there being few HFC alternatives currently available). But ratification may offer some relief to importers who have already been heavily impacted by the HFC phasedown (since a failure to ratify would have resulted in future trade restrictions).

Photo of Andrew Eastman Andrew Eastman

An accomplished corporate attorney with extensive litigation experience, Andrew represents clients with a dual emphasis on commercial success and risk mitigation. Andrew brings industry-focused insight to his work at Husch Blackwell. Having previously served as general counsel to a national developer of renewable

…

An accomplished corporate attorney with extensive litigation experience, Andrew represents clients with a dual emphasis on commercial success and risk mitigation. Andrew brings industry-focused insight to his work at Husch Blackwell. Having previously served as general counsel to a national developer of renewable natural gas (RNG) and related projects, Andrew oversaw that company’s transactional, commercial, and litigation matters, including its $347 million acquisition by a special purpose acquisition company with a green energy mandate.

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Photo of Leah Kaiser Leah Kaiser

As an Environmental attorney with an M.S. in Environment, Ecology, and Energy, Leah is among those monitoring and researching legislation, counseling on compliance and negotiating remedies on issues including: Clean Air Act, Clean Water Act, Mine Safety and Health Act, Toxic Substance Control…

As an Environmental attorney with an M.S. in Environment, Ecology, and Energy, Leah is among those monitoring and researching legislation, counseling on compliance and negotiating remedies on issues including: Clean Air Act, Clean Water Act, Mine Safety and Health Act, Toxic Substance Control Act, and more. Leah also guides clients on renewable energy issues including matters involving the Federal Energy Regulatory Commission (FERC) and state utility commissions.

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  • Posted in:
    Environmental and Climate
  • Blog:
    Climate Solutions Legal Digest
  • Organization:
    Husch Blackwell LLP
  • Article: View Original Source

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