“The Fifth Circuit appropriately lifted a deeply flawed and unnecessary stay by a lower court, allowing policy makers to continue protecting people from climate pollution using the most up-to-date science. There is no need for Supreme Court intervention, and no reason to overrule the Fifth Circuit.”
- Rosalie Winn, Director of Methane and Clean Air Policy, Environmental Defense Fund
BACKGROUND
A federal district court judge in Louisiana issued a preliminary injunction in February restricting the Biden administration from using the latest social cost of carbon and other climate pollutants. These estimates reflect the best available scientific and economic analysis, based on extensive peer-reviewed information, to determine the monetary costs imposed by climate change. The government uses it to evaluate climate damage when establishing policies.
In March a panel of judges on the Fifth Circuit issued a stay of that injunction. The judges found that the Biden administration is likely to prevail on the merits when the case is fully heard. The full Fifth Circuit later declined to reconsider the stay.
Today the states of Louisiana, Alabama, Florida, Georgia, Kentucky, Mississippi, South Dakota, Texas, West Virginia and Wyoming asked the Supreme Court to intervene and reimpose the stay.
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One of the world’s leading international nonprofit organizations, Environmental Defense Fund (edf.org) creates transformational solutions to the most serious environmental problems. To do so, EDF links science, economics, law, and innovative private-sector partnerships. With more than 2.5 million members and offices in the United States, China, Mexico, Indonesia and the European Union, EDF’s scientists, economists, attorneys and policy experts are working in 28 countries to turn our solutions into action. Connect with us on Twitter @EnvDefenseFund