Environmental activists say they are pleased with the pause on new leases and permits but are concerned that Judge Cain’s ruling will ultimately undermine the administration’s ability to enact policies. positive climate book.
“It’s a mixed bag,” said Brett Hartl, director of government affairs at the Center for Biodiversity. “They’ll have to issue leases at some point, and they won’t be able to use the social cost of carbon.”
Louisiana Attorney General Jeff Landry, who has called the social cost of carbon “bad economics,” argued that Biden overstepped his authority by applying the social cost of carbon to the economy. decision. He has been joined by the attorneys general of Alabama, Florida, Georgia, Kentucky, Mississippi, South Dakota, Texas, West Virginia and Wyoming.
Judge Cain sided with the Republican attorney general, arguing that using a social cost of carbon is unconstitutional because Congress has never passed legislation allowing it.
However, Congress has passed almost no legislation addressing how an administration should conduct economic analysis, which it has done for decades. In a statement derided by some legal experts, the judge cited a “separation of powers clause” in the Constitution. There is no such provision.
“That term is in my opinion one of the most embarrassing parts of a very embarrassing opinion,” said Amit Narang, a federal regulatory affairs expert with government watchdog group Public. Citizen, said. He called the judge’s opinion “a partisan political affair fashioned into a legal opinion.”
Meanwhile, this decision brought the administration’s work to an abrupt halt. The An interdisciplinary working group updating the social costs of carbon is on pause, according to emails from the Environmental Protection Agency and the Justice Department warning other policies could also be delayed. An organization that opposes tackling climate change, the Competitive Enterprise Institute, wants EPA repeal a new regulation on emissions from vehicle exhausts, argues that the analysis of the social cost of carbon is currently flawed based on Judge Cain’s ruling.
https://www.nytimes.com/2022/02/20/climate/carbon-biden-drilling-climate.html Biden administration halts new drilling in legal battle over climate costs