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- Louisiana v. Biden
About this case
Documents
Filing Date
Type
Action Taken
Document
Summary
05/26/2022
Decision
Application to vacate stay denied.
In a single-sentence order, the U.S. Supreme Court denied an application by Louisiana and nine other states to vacate the Fifth Circuit’s stay of a district court’s preliminary injunction barring federal agencies from using the work product of the Interagency Working Group on Social Cost of Greenhouse Gases and from using any social cost of greenhouse gases estimates based on the global effects of greenhouse gases. The district court also ordered the federal defendants to return to using 2003 guidance. Briefing on the merits of the preliminary injunction appeal is underway in the Fifth Circuit, with Louisiana and the other nine states’ brief due on June 16, 2022.
05/09/2022
Opposition
Federal government filed response in opposition to application to vacate the stay pending appeal issued by the Fifth Circuit.
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05/09/2022
Amicus Motion/Brief
Manufactured Housing Association for Regulatory Reform filed motion for leave to file and brief as amicus curiae in support of applicants.
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05/02/2022
Amicus Motion/Brief
Missouri and nine other states filed motion for leave to file and amici curiae brief in support of petitioners' application.
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04/27/2022
Application
Application filed to vacate Fifth Circuit's stay order.
The states submitted an application to vacate the stay to Justice Alito. They argued that the Fifth Circuit’s stay order allowed “an agency created out of whole cloth issue what might be the most significant rule in American history” without statutory authority, adherence to notice-and-comment rulemaking procedures, or pre-enforcement judicial review, and the states would suffer irreparable harm because use of the IWG’s SC-GHG estimates would “increase States’ energy costs, decrease their tax revenues, compound their burdens in cooperative federalism programs, threaten their coastline restoration and protection projects, divest them of administrative process and consultation rights, and impose economic harms on their citizens that States have a parens patriae right to protect.” Justice Alito requested that the federal government respond to the application by May 9.
Summary
Lawsuit challenging interim estimates for the social cost of greenhouse gases released by the Interagency Working Group on Social Cost of Greenhouse Gases.