ELR Citation: 52 ELR 20035
No(s). 22-30087 (5th Cir. Mar 16, 2022)

The Fifth Circuit granted the Biden Administration's motion to stay a district court ruling enjoining federal agencies from implementing interim estimates on the social cost of greenhouse gas emissions. States had argued the president lacked authority to promulgate and enforce the estimates; that the estimates were based on a methodology that did not take into account statutory considerations and ignored best regulatory practices; and that the estimates violated the Energy Policy and Conservation Act, the CAA, NEPA, the Mineral Leasing Act, and the Outer Continental Shelf Lands Act. The district court found that the states had demonstrated multiple, independently sufficient grounds to vacate the estimate, and granted their motion for a preliminary injunction. The Administration moved to stay, arguing the states lacked standing, that their claims were not ripe, and that the estimates were not final agency action under the APA. The appellate court found the Administration made a strong showing that they were likely to succeed on the merits, and that the balance of harms favored granting the stay. It stayed the injunction pending appeal.