Staff Reports
Republican-led states sued the Biden administration to stop them from putting a social cost on carbon, but the Supreme Court turned down their case. The Court didn't say why Missouri v. Biden was one of the requests for writ of certiorari that were turned down. The Court turned down a similar challenge earlier this year, so this ruling comes after that.
Supreme Court Rejects GOP States' Challenge to Biden's Rule Estimating Social Cost of Carbon
GOP concerns about the federal regulation of carbon—a foundational element to all life—will not be heard by the Supreme Court.https://t.co/egXigpJLqy
— The Epoch Times (@EpochTimes) October 12, 2023
The Court of Appeals for the 8th Circuit upheld a federal district court's decision to throw out the case last year, saying that the states did not have the right to question the estimates. The decision did say, though, that the states could sue if they could show a real harm.
Ten other states, besides Missouri, asked the Supreme Court to look into the matter. The office of Missouri Attorney General Andrew Bailey was disappointed with the Court's ruling and said they would keep fighting against excessive government power.
The "Interagency Working Group on the Social Cost of Greenhouse Gases" was set up by an executive order from President Joe Biden in 2021. Leaders from the Office of Management and Budget and the Council of Economic Advisors were in this working group. The order set the social cost estimate for carbon at $51 per ton of carbon dioxide pollution. This is different from what Obama and Trump said it would be.
In Missouri v. Biden, the red states claimed that the costs would have a big effect on the American economy as a whole. They pointed to parts of the executive order that said agencies "shall" use the temporary prices until the official ones are released. When the states asked for help, Solicitor General Elizabeth Prelogar warned that agencies are not required to accept the cost estimate and pointed out that the states did not have any legal standing in the case.
It's possible that more lawsuits will be filed against future rules that use the social cost estimate. David Watkins, an attorney, said in a statement that the problems with the social cost estimate stay the same no matter where it is used.
