ELR Citation: 52 ELR 20118
No(s). 21-3013 (8th Cir. Oct 21, 2022)

The Eighth Circuit affirmed a district court's dismissal of states' challenge to the Biden Administration's interim estimates on the social costs of greenhouse gas emissions. The states had sought to preliminarily enjoin federal officials, departments, and agencies from using the estimates "as binding values in any agency action." The district court concluded the states lacked standing because the injury they alleged was "hypothetical future regulation possibly derived from" the estimates, and it dismissed the suit. The appellate court agreed, finding the states failed to plausibly allege a concrete and particularized injury-in-fact that could be fairly traced to the estimates. It affirmed dismissal for lack of subject matter jurisdiction.