The New York State Supreme Court, County of Albany, on December 22 ruled against the Air-Conditioning, Heating, and Refrigeration Institute (AHRI) and Heating, Air-Conditioning & Refrigeration Distributors International (HARDI) in their action to void updated regulations on HFC emissions set in late 2024 by the New York State Department of Environmental Conservation (NYSDEC).
The AHRI and HARDI filed a suit in April 2025 seeking declaratory judgment and voidance of the amended 6 NYCRR Part 494 regulations, which impose restrictions on the HFC refrigerants used in air conditioners, heat pumps, refrigeration and water heaters.
The regulations include 20-year GWP limits of 10 for many new HVAC&R systems starting in 2034, thereby helping to foster the adoption of natural refrigerant-based applications. Beginning in 2026, new supermarket and cold-storage systems with refrigerant charge capacity of 50lbs (23kg) or greater are prohibited from using refrigerants with a GWP20 greater than 580. The rules also include prohibitions on bulk virgin refrigerants and containers and a variance process.
In the decision, Justice Richard J. McNally, Jr., dismissed the request for a declaratory judgement and denied the request for regulatory voidance. “This court finds that DEC’s adoption of amended Part 494 was not arbitrary and capricious, DEC complied with the State Administrative Procedure Act, and DEC did not act in excess of its jurisdiction,” he wrote. Files on the lawsuit, including the ruling, can be found here by searching with the index number 903624-25.
In New York State, the Supreme Court is the main trial court in each of 62 counties. Its rulings can be appealed, typically first to the intermediate Appellate Division and potentially further to the New York State Court of Appeals. “We are currently consulting with our fellow plaintiff, HARDI, and our members to determine whether or not to appeal,” said Francis J. Dietz, Vice President, Public Affairs, for the AHRI. “Obviously, we are disappointed in the decision, which we had hoped would go a different way.”
Net-zero emissions by 2050
HARDI and AHRI’s legal complaint argued that the NYSDEC did not follow New York’s Climate Leadership and Community Protection Act (CLCPA) and failed to adhere to required administrative procedures in implementing the revised rule.
Talbot Gee, CEO of HARDI, stated last year that the amended Part 494 rules “are overly aggressive, lack clarity, and put unnecessary strain on businesses that are already working to comply with federal HFC phasedown requirements under the AIM [American Innovation and Manufacturing] Act.”
The NYSDEC did not respond to a request for a comment for this article but it stated in 2024 that the updated HFC rules were designed to help implement the CLCPA, which requires the state to reduce greenhouse gas emissions from 1990 levels by 40% by 2030 and by 85% by 2050, achieving net-zero emissions by 2050. Notably, the rules do not require the replacement of existing equipment prior to the end of its useful life – a major concern among food retailers who opposed the new regulations.
In addition, in his ruling McNally noted that amended Part 494 “includes a variance process which permits entities, including small businesses, to apply for temporary relief from certain requirements if the entity cannot comply.”
“New York State continues to advance efforts to reduce the harmful pollution fueling climate change, with HFCs and SF6 among the worst offenders,” said Interim DEC Commissioner Sean Mahar late last year. “The new requirements finalized today will help phase down the use of these climate pollutants over time and bolster the use of alternatives that are better for public health and our shared environment and more cost-effective for impacted businesses.”
In February of 2025, responding to concerns from HARDI, the NYSDEC delayed enforcing the bulk virgin refrigerant sales prohibition in the Part 494 amendments by three months, until April 9, 2025. It also allowed, until the end of 2025, the sale of R404A and R507A, two common high-GWP refrigerants used by supermarkets, restaurants and convenience stores. The Part 494 amendments do allow the use of reclaimed HFC refrigerants, following a similar provision in California HFC regulations.
“This court finds that [NYS]DEC’s adoption of amended Part 494 was not arbitrary and capricious, [NYS]DEC complied with the State Administrative Procedure Act, and {NYS]DEC did not act in excess of its jurisdiction.”
New York Supreme Court Justice Richard J. McNally, Jr.
New York’s amended HFC regulations are among the most ambitious in the U.S., surpassing in some respects the U.S. Aim Act implemented by the U.S. Environmental Protection Agency (EPA). The Technology Transitions Rule under the AIM Act is currently undergoing reconsideration by the EPA.
New York is part of the U.S. Climate Alliance, a bipartisan coalition of 24 governors that has recommitted itself to protecting the climate in the face of regulatory rollbacks by the EPA. Other states with proactive HFC regulations include California and Washington. New York, unlike the EPA or other states, uses a 20-year GWP (GWP20) value for gases rather than the traditional 100-year GWP (GWP100) value. (Some of the New York regulations refer to federal rules that use GWP100.)
New York regulators will be speaking about HFC regulations and related matters at the ATMOsphere America Summit 2026, scheduled for June 2–3 in the New York City area. ATMOsphere America is organized by ATMOsphere, publisher of NaturalRefrigerants.com.
