Description: Lawsuit challenging interim estimates for the social cost of greenhouse gases released by the Interagency Working Group on Social Cost of Greenhouse Gases.
Louisiana v. Biden
Filing Date Type File Action Taken Summary 09/10/2021 Reply Download Reply memorandum filed in support of motion for preliminary injunction. 09/01/2021 Opposition Download Defendants filed opposition to plaintiffs' motion for a preliminary injunction. 07/29/2021 Motion Download Motion for preliminary injunction filed. States Moved for Preliminary Injunction in Social Cost of Carbon Lawsuit in Louisiana. Louisiana and the nine other states challenging the Biden administration’s social cost of greenhouse gases estimates in the federal district court for the Western District of Louisiana filed a motion for a preliminary injunction. The states argued that they were likely to succeed on the merits of their claims that promulgation of the estimates was beyond the authority of President Biden and the Interagency Working Group that released the estimates and that the estimates violated the Administrative Procedure Act, as well as the Energy Policy and Conservation Act, the Clean Air Act, NEPA, the Mineral Leasing Act, and the Outer Continental Shelf Lands Act. The states also contended that the estimates would cause irreparable harm to their sovereign, proprietary, and parens patriae interests. 07/27/2021 Amicus Brief Download Motion for leave to file as amicus curiae filed in support of plaintiffs by Landmark Legal Foundation. Landmark Legal Foundation filed a motion for leave to file an amicus brief in support of the preliminary injunction motion. The brief focuses on separation of powers and Administrative Procedure Act issues. 07/21/2021 Opposition Download Memorandum filed in opposition to defendants' motion to dismiss. 06/28/2021 Motion to Dismiss Download Memorandum in support of motion to dismiss filed by defendants. 04/22/2021 Complaint Download Complaint filed. More States Challenged Interim Estimates for Social Cost of Greenhouse Gases. In a lawsuit filed in the federal district court for the Western District of Louisiana, Louisiana and nine other states asked the court to hold that interim estimates for the social cost of greenhouse gases released by the Interagency Working Group on Social Cost of Greenhouse Gases in February 2021 are invalid, arbitrary and capricious, and contrary to law, and to bar federal agencies from using the interim estimates. The states asserted counts under the Administrative Procedure Act and of ultra vires action. The allegations include that the interim estimates contravene federal statutes—the Energy Policy and Conservation Act, the Clean Air Act, NEPA, the Mineral Leasing Act, and the Outer Continental Shelf Lands Act—by directing agencies to consider global effects of greenhouse gases. The states also alleged that no statute authorized a global-effects measure or discount rates that deviated from “the standard 3 percent and 7 percent.” They contended the interim estimates ignored positive externalities of energy production, and that the interim estimates were substantive rules that required notice and comment.