Will the Supreme Court Consider the Social Cost of Carbon?

Must read

Sen. Hawley Introduces Bill To Allow States To Deport Illegal Immigrants

Already this fiscal year, the U.S. has seen record-breaking numbers of illegal immigrants crossing the border. So far,...

MSNBC’s Joy Reid Compares Floridians Evacuating Hurricane Ian to Illegal Immigrants: ‘Ironic That They Have to Pour Over the Borders and Go North’

MSNBC host Joy Reid belittled Floridians trying to escape Hurricane Ian, comparing them to illegal immigrants and suggesting...

What Happens When a Fact-Checker Doesn’t Get the Facts Right?

By Chandler Lasch for RealClearReligion Georgia Democratic gubernatorial candidate Stacey Abrams recently came under fire for...

Trump Has Seen Enough: Offers to Negotiate Peace Deal Between Russia, Ukraine

Former President Donald Trump advised leaders on how to deal with ongoing events in the Russia-Ukraine war, even...

Earlier this year, a federal district court in Louisiana enjoined federal agencies from relying upon or considering estimates of the costs of greenhouse gas emissions — the so-called “Social Cost of Carbon — developed by an interagency working group. The opinion was a bit of a mess, and was soon stayed by a panel of the U.S. Court of Appeals for the Fifth Circuit.

Unhappy with the stay, Louisiana and the other states that brought the initial suit filed a petition for rehearing en banc. Today that petition was denied in a brief order, which noted that “no member of the panel or judge in regular active service requested that the court be polled on rehearing en banc.” In other words, not even one judge on the Fifth Circuit thought the question merited further review.

Undaunted by the latest order, Louisiana Attorney General Jeff Landry proclaimed he will file a petition for certiorari. The underlying case would not appear cert-worthy, particularly as the administrative law questions presented are rather straight-forward and uncontroversial. Universal challenges to agency consideration of the Social Cost of Carbon are premature and beyond the jurisdiction of federal courts unless and until such estimates are relied upon by an agency taking a distinct, discrete action that causes a justiciable injury.

The one wrinkle is that there is another case challenging the Biden Administration’s Social Cost of Carbon pending in the U.S. Court of Appeals for the Fifth Circuit. In the unlikely event that the Eighth Circuit reaches a different conclusion about the viability of such suits, then Supreme Court review might be possible.

More articles

Latest article

Sen. Hawley Introduces Bill To Allow States To Deport Illegal Immigrants

Already this fiscal year, the U.S. has seen record-breaking numbers of illegal immigrants crossing the border. So far,...

MSNBC’s Joy Reid Compares Floridians Evacuating Hurricane Ian to Illegal Immigrants: ‘Ironic That They Have to Pour Over the Borders and Go North’

MSNBC host Joy Reid belittled Floridians trying to escape Hurricane Ian, comparing them to illegal immigrants and suggesting...

What Happens When a Fact-Checker Doesn’t Get the Facts Right?

By Chandler Lasch for RealClearReligion Georgia Democratic gubernatorial candidate Stacey Abrams recently came under fire for...

Trump Has Seen Enough: Offers to Negotiate Peace Deal Between Russia, Ukraine

Former President Donald Trump advised leaders on how to deal with ongoing events in the Russia-Ukraine war, even...