Senator wants to cancel Montreal Protocol

Utah Senator Mike Lee has urged United States Secretary of State Marco Rubio to consider pulling the US out of the Montreal Protocol – and SightGlass understands American industry is taking the prospect seriously.

In a letter dated 30 April 2025, Senator Lee cited scientific, economic, and geopolitical concerns, calling the treaty a “relic of outdated foreign policy”.

“America shouldn’t tie itself to unscientific environmental treaties that allow China to do whatever it wants,” he wrote.

“I have asked @SecRubio (Secretary Rubio’s official social media handle) to withdraw the United States from the Montreal Protocol.”

The Montreal Protocol, ratified by US  in 1988 with the Kigali Amendment ratified in 2022, has dramatically reduced the impact of CFCs an HCFCs on the ozone layer, with climate-forcing HFCs added by the Kigali Amendment now being phased down with varying success around the world.

Senator Lee’s call follows a directive from President Donald Trump on 4 February 2025 prompting Secretary Rubio to review international treaties and assess which serve US interests. Senator Lee argued that the Montreal Protocol burdens American industries.

“The US has bound itself to the terms and phase-down targets of this treaty while, unsurprisingly, other countries fail to do the same,” he said.

Singled out by Senator Lee was the Montreal Protocol’s treatment of HCFC-123, used in fire suppression.

“This use did not exist when the Montreal Protocol came into existence,” he wrote.

“HCFC-123 replaced the use of a Montreal-implicated ODS that has since been phased out. Now, HCFC-123 is on the chopping block.”

Senator Lee also noted that while recycled HCFC-123 can legally be used until 2029, new production is banned, which he said would lead to shortages affecting sectors such as defence and aviation. He is urging for the rules to be changed and permit new production through to 2029.

Another of Senator Lee’s objections was what he described as the unequal treatment of developed nations under Montreal Protocol.

“For decades, we have subsidised the phase-down of ODSs in ‘developing countries’ as the largest contributor to the Montreal Protocol’s Multilateral Fund,” he said.

“This fund provides financial assistance and extends generous phase-down targets to ‘developing’ countries – including China.”

In 2023, the US proposed removing China from the list of developing countries, arguing that it no longer met the criteria, but the proposal was blocked.

Despite Senator Lee’s criticisms, the Montreal Protocol has been hailed as a global success, with ozone-depleting substance emissions dropping by more than 99 per cent. 

Former US Secretary of State John Kerry said the nation had invested more than $3 billion ($A4.6b) to help developing nations transition away from harmful substances.

Senator Lee’s proposal to withdraw from the Montreal Protocol has sparked significant debate. 

Many experts argue US participation in the Montreal Protocol is vital, citing its scientific foundation and success in reducing ozone-depleting substances.

They warn that the Senator’s stance could undermine global environmental progress and weaken US leadership in climate policy.

Some are viewing his position as politically motivated.

However, some supporters of Senator Lee argue that the US should not bear the financial burden while countries like China fail to fully meet their commitments.

Some believe the US can reduce emissions independently and that the treaty is outdated, others say it no longer aligns with modern economic and scientific realities.

The US has played a key role in the Montreal Protocol, driving global efforts to phase out ozone-depleting substances.

A US withdrawal could introduce regulatory uncertainty and disrupt international collaboration, potentially delaying the transition to sustainable alternatives for countries like Australia that remain committed to the Montreal Protocol. 

Increased supply chain costs for refrigerants and related technologies could also arise, ultimately raising costs for both manufacturers and consumers.

Concluding his letter, Senator Lee urged the US to reconsider its participation in international treaties that no longer align with national interests.

“I hope that as you review US participation in the web of international organisations and treaties to which the United States is a party, the Montreal Protocol is soon counted as yet another relic of antiquated foreign policy divorced from our national interests,” he wrote.

“US domestic policy should not be dictated at the whim of an international organisation or beholden to the international climate agenda.”

As the treaty review continues, with the next international meeting scheduled for later this year, the future of US participation in the Montreal Protocol remains uncertain.