FOLLOW US

On a Tuesday that will be remembered for its environmental significance, the U.S. Supreme Court swept aside a challenge by 11 Republican-led states to halt the Biden administration from factoring in the social cost of greenhouse gases during federal decision-making.

These states, with Missouri at the helm, had hoped for the justices to revisit the Eighth Circuit's decision from October 2022. However, the court had already ruled that these states failed to illustrate any tangible harm caused by the interim greenhouse gas cost estimates, which were unveiled in the initial phase of Biden's term. To further strengthen the case, the U.S. Department of Justice had ardently advocated for the dismissal of the states' appeal.

Grasping the Greenhouse Gas Impact

Ever thought about the real price tag on a puff of CO2 or a belch of methane? This is where the social cost of greenhouse gases comes into play, quantifying in dollars the impact emissions have on society and the planet. These estimates aren't just arbitrary figures; they serve as the bedrock for regulations meant to rein in air pollutants.

Biden's Swift Climate Actions

In an executive order delivered on his very first day in office, President Joe Biden rallied his troops, orchestrating an Interagency Working Group dedicated to climate action. Before a month had passed, his team revived the Obama-era guidelines on the social cost of greenhouse gases. This was just a placeholder until a fresh set of metrics could be crafted, but it lit the fuse for legal fireworks from several states.

Biden GHG Cost Estimates : States Rally in Opposition

States from the frosty peaks of Alaska to the deserts of Arizona voiced their concern. Their core argument? The Interagency Working Group's numbers would bring about heftier regulations and steeper costs. But the court wasn't swayed. The Eighth Circuit saw the states' grievances as too remote, and their argument fell like a house of cards.

Not to be deterred, the states fought back, saying they shouldn't have to be patient for a new regulation. They felt wronged by the working group's approach, decrying the lack of public involvement.

The DOJ clapped back, suggesting that their concerns were more shadows than substance.

Biden GHG Cost Estimates : The Bigger Picture

All the while, the Biden administration kept its eyes on the horizon. Another win came from the Fifth Circuit in April, echoing the Eighth Circuit's sentiments. These victories cemented the path for Biden to weave the crucial social cost of greenhouse gases into the tapestry of federal operations.

By September, Biden's commitment to the environment was crystal clear. All federal agencies received a directive to incorporate these greenhouse gas cost estimates in their financial decisions.

Biden GHG Cost Estimates : The Legal Gladiators

Leading the federal front were legal stalwarts Elizabeth B. Prelogar, Brian M. Boynton, Michael S. Raab, and Thomas Pulham of the U.S. Department of Justice. Missouri's corner was held by Andrew Bailey and Jeff P. Johnson, while the remaining states turned to their attorneys general.