Following a Biden Executive Order, in April 2021 several states went to Louisiana District Court to stop implementation of Social Cost of Carbon with respect to federal regulations. The Memorandum Ruling regarding that case is State of Louisiana et al Versus Joseph R. Biden Jr. et al. The Plaintiff States are Louisiana, Alabama, Florida, Georgia, Kentucky, Mississippi, South Dakota, Texas, West Virginia, and Wyoming. Excerpts in italics with my bolds. H/T Francis Menton
The Issues
The Plaintiff States seek injunctive and declaratory relief on three grounds.First, they assert that the SC-GHG Estimates violate the procedural requirements of the Administrative Procedure Act (“APA”) as a substantive rule that did not undergo the requisite notice-and-comment process. See 5 U.S.C. § 553.
Second, the Plaintiff States claim that President Biden, through EO 13990, and the IWG lack the authority to enforce the estimates as they are substantively unlawful under the…
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