Twelve AGs Filed Amicus Brief Supporting Use of Social Cost of Carbon Metric

New York Attorney General Letitia James led a coalition of 12 attorneys general in filing an amicus brief on whether federal agencies can consider the metric known as the social cost of greenhouse gas emissions in rulemaking. In February 2022, a federal court in Louisiana ordered the administration not to consider it. In their amicus brief, the AGs argued that the lower court’s order was based on a misunderstanding about how the metric is used. The coalition urged the court to reverse and vacate the injunction. The Fifth Circuit stayed the injunction and the Supreme Court denied a request to lift that stay, meaning the administration is authorized to consider it.

• Documents: Amicus Brief
• Document Type: Briefs
• States: Colorado Delaware Illinois Maryland Massachusetts Michigan New Jersey New York Oregon Vermont Washington Wisconsin
• Issues: Clean Air & Climate Clean Air Act Climate Cross-Cutting & Administrative Greenhouse Gas Emissions
• Era: Biden Administration
• Outcome: Pending
• Action Type: Litigation