Federal defendants filed a motion to dismiss in the lawsuit brought by Missouri and other states to challenge the Interim Values for the Social Cost of Carbon, Methane, and Nitrous Oxide, which were released in response to a directive in President Biden’s Executive Order 13990, which the states also challenge. The defendants argued that the states did not have standing because any possibility of an injury caused by the challenged actions was speculative and any injury would be the result of “future, hypothetical agency actions,” not the actions challenged in this case. The defendants also contended the alleged injuries were not redressable. In addition, the defendants argued that the claims were not ripe, that the states lacked a cause of action, and that their claims were meritless. The defendants also responded to the states’ motion for a preliminary injunction, arguing that they had failed to show imminent, irreparable harm, that a preliminary injunction would disserve the public interest, and that any relief should be limited to declaring the Interim Values non-binding.

Challenge brought by states to challenge executive order that required development and application of a social cost of carbon.

Missouri v. Biden

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Biden Administration Asked Missouri Federal Court to Dismiss States’ Challenge to Actions on Social Cost of Greenhouse Gases

Filed

United States of America

Missouri

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Biden Administration Asked Missouri Federal Court to Dismiss States’ Challenge to Actions on Social Cost of Greenhouse Gases

Policy instrument

Risk

Impacted group

Just transition

Renewable energy

Fossil fuel

Greenhouse gas

Economic sector

Adaptation/resilience