The U.S. District Court for the Western District of Louisiana held that Biden's executive order requiring use of the social cost of carbon in federal decision making violated the major questions doctrine. In the article, the three authors note the court’s decision is an initial significant victory for the states that brought the lawsuit which raises several legal questions.
“First, in the regulatory context, the opinion applies the major questions doctrine to the procedure by which a regulation is adopted, rather than to the substantive authority to issue the regulation adopted,” the article states. “It holds that agencies may not factor in the social cost of carbon in rulemaking because, given the magnitude of application of the SCC in the regulatory context, any direction to do so must come from Congress.”
Read the full article in Law360.
