Federal Judge Blocks Biden’s Social Cost Of Greenhouse Gas Estimates – Environment

On February 11, 2022 Judge James Cain of U.S. District
Court for the Western District of LouisianaGrantA motion to approve
Alabama, Florida, Georgia file a preliminary injunction
Kentucky, Louisiana Mississippi, South Dakota and Texas, West
Federal prohibitions are being implemented in Virginia, Wyoming (Plaintiff States),
Agency from adopting the interim Social Cost of
Greenhouse Gas (SCGHG) estimates by the Interagency
Working Group (IWG).Executive Order
13990It was required that IWG publish estimates for the
Monetized damages associated with incremental rises in
greenhouse gas emissions.

Judge Cain granted the preliminary order.
following:

1. The traditional law gave the Plaintiff States standing.
   Analysis, as the SCGHG estimates will cause regulatory standard
   To regulate air quality, power plant regulation, and energy efficiency
   Increasingly stringent, this can lead to significant cost increases
   directly affect the economies and revenues in the Plaintiff States. The
   Plaintiff States have suffered actual injuries, as the U.S.
   Environmental Protection Agency has implemented SCGHG
   Estimates were rejected by the EPA due to concerns about state implementation
   Louisiana will be imposed federal implementation plans.
   Kentucky and Texas
2. The “special” standing of the Plaintiff States is also granted to them.
   The SC-GHG granted states the right to “solitude”
   The discretion states have underestimatingly is severely limited by estimates
   Federal programs that are delegated.
3. The likelihood of success is determined by the merits.
   The court found that Executive Order No. 13990 violates the major Questions
   doctrine, which ensures that agencies don’t impose any new obligations
   “vast ‘economical and political significance”
   Without Congress “speaking”, the private parties and the states are subject to these restrictions
   clearly.” Because Congress had not explicitly directed the President
   President did not have the authority to direct any agency to adopt SC-GHG estimates.
   The IWG has the power to ordain this action.

In the same day, aSeparate orderJudge Cain
Issued a broad preliminary order that prohibits the government
From

1. Adopting, employing or treating as binding the
   Work product of the IWG
2. Independently rely on the IWG’s methodology
   Global effects
3. Adopting, employing or treating as binding any information
   SC-GHG estimates based upon global effects or that otherwise fails
   Respect the law
4. Any act of adopting, using, treating as binding, or relying upon any
   SC-GHG estimates that do not include discount rates of at least 3%
   7% or more is not allowedCircular A-4Circular
   A-4, issued by President George W. Bush’s Office of Information in 2003
   Management directs agencies to use both 3% & 7% discounts rates
   Consider these factors when conducting a regulatory cost/benefit analysis.
   Costs and benefits are more local than global
5. Using or implementing Section 5 Executive Order 13990
   In any way

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