D.C. Circuit Court Agrees with Worthington Industries: Concludes the U.S. Environmental Protection Agency’s Ban of Non-Refillable Cylinders is Illegal

Worthington Industries, Inc. (“Worthington Industries”) announced 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.

About Worthington Industries

Worthington Industries (NYSE:WOR) is a leading industrial manufacturing company pursuing its vision to be the transformative partner to its customers, a positive force for its communities and earn exceptional returns for its shareholders. For over six decades, the Company has been delivering innovative solutions to customers spanning industries such as automotive, energy, retail and construction. Worthington is North America’s premier value-added steel processor and producer of laser welded solutions and electrical steel laminations that provide lightweighting, safety critical and emission reducing components to the mobility market. Through on-board fueling systems and gas containment solutions, Worthington serves the growing global hydrogen ecosystem. The Company’s focus on innovation and manufacturing expertise extends to market-leading consumer products in tools, outdoor living and celebrations categories, sold under brand names, Coleman®, Bernzomatic®, Balloon Time®, Level5 Tools®, Mag Torch®, Well-X-Trol®, General®, Garden-Weasel®, Pactool International® and Hawkeye™; as well as market leading building products, including water systems, heating & cooling solutions, architectural and acoustical grid ceilings and metal framing and accessories. Headquartered in Columbus, Ohio, Worthington operates 52 facilities in 15 states and nine countries, sells into over 90 countries and employs approximately 9,000 people. Founded in 1955, the Company follows a people-first Philosophy with earning money for its shareholders as its first corporate goal. Relentlessly finding new ways to drive progress and transform, Worthington is committed to providing better solutions for customers and bettering the communities where it operates by reducing waste, supporting community-based non-profits and developing the next generations of makers.

Contact:

Sonya L. Higginbotham – Vice President, Corporate Communications & Brand Management – sonya.higginbotham@worthingtonindustries.com – (614) 438-7391

Source: Worthington Industries, Inc.