The 5th Circuit Court of Appeals in March stayed Cain’s injunction, ruling that Louisiana and the other states lacked standing to challenge the metric directly, but needed to challenge it as applied to a specific rulemaking.
Supreme Court appeal: Louisiana appealed to the Supreme Court for help, arguing that the metric is “a power grab designed to manipulate America’s entire federal regulatory apparatus.” The Biden administration pushed back, arguing once again that the states lack standing and that the challenge was premature.
In a brief order issued on Thursday, the court sided with the Biden administration, rejecting without explanation Louisiana’s emergency motion. There were no noted dissents.
Louisiana Attorney General Jeff Landry’s office and the White House did not immediately return requests for comment.
What’s next: The litigation continues to play out before the 5th Circuit. But that court’s strongly worded temporary stay of Cain’s injunction, along with the lack of interest from the en banc court or Supreme Court, doesn’t bode well for Louisiana’s case.
The White House’s interagency working group is expected to propose a broader update of the social cost metric in the coming months, though an exact timeline is unclear. Experts argue advancements in both climate and economic forecasting justify raising the figure to as high as $200 or more.
Context: The Supreme Court’s refusal to get involved in the Louisiana suit likely is a bad sign for a similar but separate legal action led by Missouri and other states. In Missouri’s case, a district court judge tossed the lawsuit last year after finding the states lacked standing, much like the 5th Circuit concluded about Louisiana.
The Missouri lawsuit is on appeal before the 8th Circuit, where oral arguments are scheduled for June 16. The 8th Circuit is not bound by the 5th Circuit’s ruling but likely will take notice of the Supreme Court’s decision not to reverse it.
[flexi-common-toolbar] [flexi-form class=”flexi_form_style” title=”Submit to Flexi” name=”my_form” ajax=”true”][flexi-form-tag type=”post_title” class=”fl-input” title=”Title” value=”” required=”true”][flexi-form-tag type=”category” title=”Select category”][flexi-form-tag type=”tag” title=”Insert tag”][flexi-form-tag type=”article” class=”fl-textarea” title=”Description” ][flexi-form-tag type=”file” title=”Select file” required=”true”][flexi-form-tag type=”submit” name=”submit” value=”Submit Now”] [/flexi-form]
wazup.