Honeywell Int’l Inc. v. EPA (D.C. Circuit)

Honeywell and DuPont challenged the EPA’s decisions authorizing certain trades of allowances by Arkema Inc. and another company under the EPA’s cap-and-trade system for hydrochlorofluorocarbons. Represented by Mayer Brown, Arkema intervened to defend the EPA’s decisions, arguing that Honeywell and DuPont’s challenges were untimely, that they lacked standing, and that the D.C. Circuit’s prior decision in Arkema Inc. v. EPA, 618 F.3d 1 (D.C. Cir. 2010), foreclosed their challenges. The D.C. Circuit agreed that Arkema had necessarily rejected Honeywell and DuPont’s challenges.