Feb 252022

U.S. Appeals, Seeks Stay of Injunction of Social Cost of Greenhouse Gas Estimates

Jack Raffetto and Samuel B. Boxerman
, , ,

On Saturday, February 19, 2022, the United States appealed an injunction prohibiting federal agencies from adopting and relying on the interim Social Cost of Greenhouse Gas estimates established by the Interagency Working Group. The injunction (which has been covered on this blog), issued by Judge James Cain of the U.S. District Court for the Western District of Louisiana on February 11, 2022, was issued in a case, State of Louisiana, et al. v. Biden, brought by Alabama, Florida, Georgia, Kentucky, Louisiana, Mississippi, South Dakota, Texas, West Virginia, and Wyoming. The appeal is pending before the U.S. Court of Appeals for the Fifth Circuit. At the same time, the United States has also sought a stay of the injunction, arguing that the injunction should not have been granted and would improperly restrict Executive Branch policymaking. The motion to stay is pending before Judge Cain.

This post is as of the posting date stated above. Sidley Austin LLP assumes no duty to update this post or post about any subsequent developments having a bearing on this post.

Jack Raffetto

Washington, D.C.

jraffetto@sidley.com

Samuel B. Boxerman

Washington, D.C.

sboxerman@sidley.com

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