Fifth Circuit Court of Appeals Stay Order in Louisiana “Social Cost of Carbon” Case
This is a PDF of a March 16, 2022 order by the U.S. Court of Appeals for the Fifth Circuit. The unanimous order by a three-judge panel lifts the preliminary injunction issued a month before by the U.S. District Court for the Western District of Louisiana in the case of State of Louisiana v. Biden.
The District Court’s injunction banned the federal government from using an interim “social cost of carbon” standard (published in February 2021) in any federal rulemaking, environmental impact statement, or other item.
The Fifth Circuit’s order lifting the injunction means that federal agencies are now free to use the interim standard while the Louisiana v. Biden case makes its way through the courts.