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    Louisiana v. JOSEPH R. BIDEN, JR., in his official capacity as President of the United States; et al.,

    • Date
      April 22, 2021
    • City/County
      Lafayette, Louisiana
    • Type of Case
      Administrative Procedure Act/Review or Appeal of Agency Decision Cause 05:702 Administrative Procedure Act
    • Case Details
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    Title

    Louisiana v. JOSEPH R. BIDEN, JR., in his official capacity as President of the United States; et al.,

    Date
    April 22, 2021
    State or Country
    Louisiana
    County/City:
    Lafayette, Louisiana
    The Court the Case was filed in

    U.S. District Court of Louisiana Western District Court

    Type of Case
    Administrative Procedure Act/Review or Appeal of Agency Decision Cause 05:702 Administrative Procedure Act
    Case Number

    2:21-cv-01074

    Judges

    James D. Cain Jr.
    Kathleen Kay

    Plaintiff

    Plaintiff
    State of Alabama

    State of Florida

    State of Georgia

    State of Louisiana

    State of Mississippi

    State of South Dakota

    State of Texas

    State of West Virginia

    State of Wyoming

    Commonwealth of Kentucky

    Defendant

    Joseph R. Biden, Jr
    Xavier Becerra
    Pete Buttigieg
    Jack Danielson
    Brian Deese
    Jennifer Granholm
    Deb Haaland
    Interagency Working Group on Social Cost of Greenhouse Cases
    Kei Koizumi
    Brenda Mallory
    Gina McCarthy
    Nathional Highway Traffic Safety Administration
    Gina Raimondo
    Cecila Rouse
    Tom Vilsack
    Janet Yellen
    Shalanda Young
    U.S. Dept of Argriculture
    US Dept of Energy

    U S Environmental Protection Agency

    U S Dept of Interior

    Michael S Regan

    U S Dept of Transportation

    Plaintiff Attorney

    Plaintiff
    State of Alabama
    Represented By
    Elizabeth Baker Murrill
    contact info
    Joseph Scott St John
    contact info
    Benjamin William Wallace
    contact info
    Edmund G LaCour, Jr
    Attorney General Of Al
    contact info
    Plaintiff
    State of Florida
    Represented By
    Elizabeth Baker Murrill
    contact info
    Joseph Scott St John
    contact info
    Benjamin William Wallace
    contact info
    Rachel Rose Siegel
    Attorney General Of Fl
    contact info
    Plaintiff
    State of Georgia
    Represented By
    Elizabeth Baker Murrill
    contact info
    Joseph Scott St John
    contact info
    Benjamin William Wallace
    contact info
    Plaintiff
    State of Louisiana
    Represented By
    Elizabeth Baker Murrill
    contact info
    Tyler R Green
    Consovoy Mccarthy
    contact info
    Joseph Scott St John
    contact info
    Benjamin William Wallace
    contact info
    Daniel Joseph Shapiro
    Consovoy Mccarthy
    contact info
    Plaintiff
    State of Mississippi
    Represented By
    Elizabeth Baker Murrill
    contact info
    Joseph Scott St John
    contact info
    Justin L Matheny
    Attorney General Of Ms
    contact info
    Benjamin William Wallace
    contact info
    Plaintiff
    State of South Dakota
    Represented By
    Elizabeth Baker Murrill
    contact info
    Joseph Scott St John
    contact info
    Benjamin William Wallace
    contact info
    Katie J Hruska
    State Of South Dakota
    contact info
    Plaintiff
    State of Texas
    Represented By
    Elizabeth Baker Murrill
    contact info
    Joseph Scott St John
    contact info
    Benjamin William Wallace
    contact info
    Plaintiff
    State of West Virginia
    Represented By
    Elizabeth Baker Murrill
    contact info
    Joseph Scott St John
    contact info
    Benjamin William Wallace
    contact info
    Lindsay S See
    Attorney General Of Wv
    contact info
    Plaintiff
    State of Wyoming
    Represented By
    Elizabeth Baker Murrill
    contact info
    Joseph Scott St John
    contact info
    James C Kaste
    Attorney General Of Wy
    contact info
    Travis Steven Jordan
    Attorney General Of Wy
    contact info
    Benjamin William Wallace
    contact info
    Plaintiff
    Commonwealth of Kentucky
    Represented By
    Elizabeth Baker Murrill
    contact info
    Joseph Scott St John
    contact info
    Benjamin William Wallace
    contact info

    Defendant Attorney

    Defendant
    Xavier Becerra
    Represented By
    Stephen Michael Pezzi
    contact info
    Cody Taylor Knapp
    contact info
    Defendant
    Joseph R Biden, Jr
    Represented By
    Stephen Michael Pezzi
    contact info
    Cody Taylor Knapp
    contact info
    Defendant
    Pete Buttigieg
    Represented By
    Stephen Michael Pezzi
    contact info
    Cody Taylor Knapp
    contact info
    Defendant
    Jack Danielson
    Represented By
    Stephen Michael Pezzi
    contact info
    Cody Taylor Knapp
    contact info
    Defendant
    Brian Deese
    Represented By
    Stephen Michael Pezzi
    contact info
    Cody Taylor Knapp
    contact info
    Defendant
    Jennifer Granholm
    Represented By
    Stephen Michael Pezzi
    contact info
    Cody Taylor Knapp
    contact info
    Defendant
    Deb Haaland
    Represented By
    Stephen Michael Pezzi
    contact info
    Cody Taylor Knapp
    contact info
    Defendant
    Interagency Working Group on Social Cost of Greenhouse Gases
    Represented By
    Stephen Michael Pezzi
    contact info
    Cody Taylor Knapp
    contact info
    Defendant
    Kei Koizumi
    Represented By
    Stephen Michael Pezzi
    contact info
    Cody Taylor Knapp
    contact info
    Defendant
    Brenda Mallory
    Represented By
    Stephen Michael Pezzi
    contact info
    Cody Taylor Knapp
    contact info
    Defendant
    Gina McCarthy
    Represented By
    Stephen Michael Pezzi
    contact info
    Cody Taylor Knapp
    contact info
    Defendant
    National Highway Traffic Safety Administration
    Represented By
    Stephen Michael Pezzi
    contact info
    Cody Taylor Knapp
    contact info
    Defendant
    Gina Raimondo
    Represented By
    Stephen Michael Pezzi
    contact info
    Cody Taylor Knapp
    contact info
    Defendant
    Cecilia Rouse
    Represented By
    Stephen Michael Pezzi
    contact info
    Cody Taylor Knapp
    contact info
    Defendant
    Tom Vilsack
    Represented By
    Stephen Michael Pezzi
    contact info
    Cody Taylor Knapp
    contact info
    Defendant
    Janet Yellen
    Represented By
    Stephen Michael Pezzi
    contact info
    Cody Taylor Knapp
    contact info
    Defendant
    Shalanda Young
    Represented By
    Stephen Michael Pezzi
    contact info
    Cody Taylor Knapp
    contact info
    Defendant
    U S Dept of Agriculture
    Represented By
    Stephen Michael Pezzi
    contact info
    Cody Taylor Knapp
    contact info
    Defendant
    U S Dept of Energy
    Represented By
    Stephen Michael Pezzi
    contact info
    Cody Taylor Knapp
    contact info
    Defendant
    U S Environmental Protection Agency
    Represented By
    Stephen Michael Pezzi
    contact info
    Cody Taylor Knapp
    contact info
    Defendant
    U S Dept of Interior
    Represented By
    Stephen Michael Pezzi
    contact info
    Cody Taylor Knapp
    contact info
    Defendant
    Michael S Regan
    Represented By
    Stephen Michael Pezzi
    contact info
    Cody Taylor Knapp
    contact info
    Defendant
    U S Dept of Transportation
    Represented By
    Stephen Michael Pezzi
    contact info
    Cody Taylor Knapp
    contact info

    Comments

    COMPLAINT

    The States of Louisiana, Alabama, Florida, Georgia, Kentucky, Mississippi, South Dakota,
    Texas, West Virginia, and Wyoming bring this civil action against the above-listed Defendants for
    declaratory and injunctive relief and allege as follows:

    INTRODUCTION

    1. This case arises from President Biden’s recent unilateral executive action targeting
    what even staunch environmentalists acknowledge is the “most important number you’ve never heard
    of.” Frank Ackerman & Elizabeth A. Stanton, The Social Cost of Carbon: A Report for the Economics for
    Equity and Environment Network 2 (Apr. 1, 2010), https://bit.ly/3mZJWOQ. That number—or, more
    accurately, that set of numbers—are estimates of the monetized value of social costs attendant to
    Case 2:21-cv-01074 Document 1 Filed 04/22/21 Page 3 of 57 PageID #: 3
    - 4 -
    emissions of three greenhouses gases: carbon dioxide, methane, and nitrous oxide. Those estimates
    have come to be known as the Social Cost of Carbon (SCC), the Social Cost of Methane (SCM), and
    the Social Cost of Nitrous Oxide (SCN). This Complaint refers to estimates of the monetized value
    for emissions of all three greenhouse gases collectively as “SC-GHG Estimates.”
    2. Why are those estimates so important? Two reasons. First, those gases are ubiquitous.
    Carbon dioxide, methane, and nitrous oxide are by-products of activities that make life in America
    what it is today, including energy production, agricultural production, industrial production,
    transportation, construction, and waste disposal. They are among the most common and prevalent
    by-products of human economic activity. Consider each gas briefly in turn.
    3. According to the Environmental Protection Agency, “[c]arbon dioxide enters the
    atmosphere through burning fossil fuels (coal, natural gas, and oil), solid waste, trees and other
    biological materials, and also as a result of certain chemical reactions (e.g., manufacture of cement).
    Carbon dioxide is removed from the atmosphere (or ‘sequestered’) when it is absorbed by plants as
    part of the biological carbon cycle.” EPA, Overview of Greenhouse Gases, at https://bit.ly/3gmlA0p.
    Carbon dioxide is also emitted when humans and other respiratory organisms breathe. Cf. Massachusetts
    v. E.P.A., 549 U.S. 497, 558 n.2 (2007) (“It follows that everything airborne, from Frisbees to
    flatulence, qualifies as an ‘air pollutant.’”) (Scalia, J., dissenting).
    4. EPA says that “[m]ethane is emitted during the production and transport of coal,
    natural gas, and oil. Methane emissions also result from livestock and other agricultural practices, land
    use and by the decay of organic waste in municipal solid waste landfills.” Overview of Greenhouse Gases,
    supra. According to EPA, about 27 percent of methane emissions come from “enteric fermentation,”
    i.e., livestock manure and flatulence. About 30 percent of methane emissions come from “natural gas
    and petroleum systems.” EPA, Methane Emissions, at https://bit.ly/3mYJRLr. Methane is the principal
    component of natural gas.
    Case 2:21-cv-01074 Document 1 Filed 04/22/21 Page 4 of 57 PageID #: 4
    - 5 -
    5. And EPA says that “[n]itrous oxide is emitted during agricultural, land use, industrial
    activities, combustion of fossil fuels and solid waste, as well as during treatment of wastewater.”
    Overview of Greenhouse Gases, supra. According to EPA, about 75 percent of nitrous oxide emissions
    come from “agricultural soil management activities, such as application of synthetic and organic
    fertilizers and other cropping practices, the management of manure, or burning of agricultural
    residues”—in other words, fertilizing crops. EPA, Nitrous Oxide Emissions, at https://bit.ly/3uZNIdW.
    6. The second reason those estimates are so important: President Biden recently signed
    Executive Order 13990, which requires his agencies to use the SC-GHG Estimates when conducting
    a cost/benefit analysis for every regulatory action—and, vaguely, “other relevant agency actions.” See
    EO 13990, §5(b)(ii) (“The Working Group shall…publish an interim SCC, SCN, and SCM…, which
    agencies shall use when monetizing the value of changes in greenhouse gas emissions resulting from
    regulations and other relevant agency actions until final values are published”) (emphases added). Because
    those gases are ubiquitous, the SC-GHG Estimates are potentially relevant to the cost/benefit analysis
    for every federal rulemaking and a host of “other relevant agency actions” (including leasing and
    permitting)—covering topics as diverse as vending machines, dishwashers, dehumidifiers, microwave
    ovens, residential water heaters, residential refrigerators and freezers, fluorescent lamps, residential
    clothes dryers, room air conditioners, residential furnaces, residential air conditioners, and battery
    chargers, just to name a few. In other words, federal agencies must now use the SC-GHG Estimates
    to calculate regulatory costs and benefits for virtually everything that States and their citizens
    encounter every day. That means federal agencies will use the SC-GHG Estimates to assign massive—
    even existential—costs to every regulatory action and “other relevant action,” thereby fundamentally
    transforming the way States conduct business and Americans live. It’s no exaggeration to say the SCGHG Estimates are the most expansive, and potentially most expensive, federal regulatory initiative
    in history.
    Case 2:21-cv-01074 Document 1 Filed 04/22/21 Page 5 of 57 PageID #: 5
    - 6 -
    7. Despite their sweeping nature and pervasive effects, the SC-GHG Estimates have
    never been subject to a proper notice-and-comment process. The federal government’s first stab at
    crafting SC-GHG estimates occurred during the Obama Administration. Those efforts did not follow
    notice-and-comment procedures that the Administrative Procedure Act requires. Worse yet, those
    estimates flowed from economic assumptions and methods that broke from statutory and bipartisan
    Executive Branch policy requiring cost/benefit analysis to (1) focus on domestic (rather than global)
    effects, and (2) use accepted discount rates for economic forecasts. The Obama Administration’s
    estimates flouted both requirements.
    8. Section 5 of President Biden’s EO 13990 picks up right where the Obama
    Administration left off. His Order purports to establish an Interagency Working Group on the Social
    Cost of Greenhouse Gases (IWG or Working Group) that, as directed by the Order, issued SC-GHG
    Estimates within 30 days of the Order. But those Biden SC-GHG Estimates are little more than the
    Obama Administration’s estimates adjusted for inflation. That means the Biden SC-GHG Estimates
    inherited the same host of procedural and substantive flaws that infected the Obama Administration’s
    estimates.
    9. In short, Section 5 of EO 13990 will remake our federalism balance of power,
    American life, and the American economy by directing all federal agencies to employ in all their
    “decisionmaking,” including rulemaking, a numeric value for the costs of greenhouse gas emissions
    that will ensure the most pervasive regulation in American history. The Founders ratified a written
    Constitution, and Congress enacted the Administrative Procedure Act, to prevent precisely this kind
    of unilateral and arbitrary attack on State sovereignty and individual liberty. Section 5 of Executive
    Order 13990 and any regulatory action incorporating the Biden SC-GHG Estimates must be vacated
    and enjoined.

    Social Networks
    • Other
    • Website
    • Other
    Document Links 1 (Scribd et. al)

    http://climatecasechart.com/climate-change-litigation/wp-content/uploads/sites/16/case-documents/2021/20210727_docket-221-cv-01074_amicus-brief.pdf

    Document Link 2

    http://climatecasechart.com/climate-change-litigation/wp-content/uploads/sites/16/case-documents/2021/20210422_docket-221-cv-01074_complaint-1.pdf

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