Biden admin appeals SCC injunction

Source: BY ZACK COLMAN, Politico • Posted: Wednesday, March 2, 2022

The Biden administration on Tuesday asked the New Orleans-based U.S. Court of Appeals for the 5th Circuit to stay a district judge’s injunction against the social cost of carbon. That nationwide block, the administration has said, is wreaking havoc on executive branch functions. The Justice Department had asked the Louisiana judge to stay his own injunction by Monday — and when no word came, took their request to the higher court . “Not only is the injunction overbroad—going well beyond appropriate [Administrative Procedure Act] relief—but its specific substantive provisions are illogical, unreasonable, and unlawful,” DOJ wrote. The filing asks for a decision by March 15.

The 5th Circuit isn’t known to be particularly friendly to Biden’s agenda, but there are a few factors that might benefit the White House here. To start, the social cost of carbon has been used for over a decade, and presidents have issued orders defining how rules are analyzed since Richard Nixon. In addition, legal observers have pointed to some unusual aspects of the Louisiana judge’s order, including a novel use of the “major questions” doctrine and citation of a (non-existent) “separation of powers clause.”