ELR Citation: 53 ELR 20060
No(s). 22-30087 (5th Cir. Apr 5, 2023)

The Fifth Circuit dismissed Louisiana's challenge to the Biden Administration's interim estimates on the social cost of greenhouse gas emissions. Louisiana initially sought to preliminarily enjoin the interim estimates from being used, arguing they were procedurally invalid, arbitrary and capricious, inconsistent with agency-specific statutes, and ultra vires. A district court granted the injunction, which the Administration appealed and the appellate court stayed. The appellate court subsequently concluded Louisiana failed to establish standing because the injuries it alleged did not flow from the interim estimates, but rather from potential future regulations subject to separate judicial review. It dismissed the suit for lack of jurisdiction, and vacated the district court's preliminary injunction.