Twelve states, including the Republican attorney general, sued President Joe Biden on Monday for the first enforcement order on climate change, claiming he had no constitutional power to enforce the new rules on greenhouse gases.
The federal lawsuit, led by Missouri Attorney General Eric Smith, argues that Biden violated the separation of powers clause in the Constitution because the president of the congress, not the president, had control.
On his first day in the White House, Biden signed an administrative order in 13990 instructing federal agencies to calculate the “social costs” of greenhouse gas pollution by estimating “monetization losses” to inform future federal regulations. These include free agricultural productivity, human health, property damage from increased flood risk, and the cost of ecosystem services.
But setting such a standard was “the fifth legislative act within the exclusive jurisdiction of Congress,” the plaintiff in 12 states said. They also said that the economic losses of the order would be catastrophic.
“If the executive order continues, it will cost the US economy hundreds of billions or trillions of dollars over decades,” the lawsuit says. “It will destroy jobs, suppress energy production, reduce America’s independence, suppress agriculture, suppress innovation, and impoverish working families. It undermines state sovereignty and tears of independence fraud.”
Lawyers from the Republican states of Arkansas, Arizona, Indiana, Kansas, Montana, Nebraska, Ohio, Oklahoma, South Carolina, Tennessee and Utah participated in the case.
The White House and the Justice Department declined to comment.
The case calls on the court to issue an order prohibiting federal agencies from using estimates of “social spending” and declaring, among other benefits, “arbitrary, curious, illogical and illegal”.
Executive Order 139990 revoked the Keystone Stone XL pipeline permit and instructed the Home Office to review the Trump administration’s decision to shrink the borders of the national monument. Biden was one of the few early administrative measures to tackle climate change when he took office in his first month.
Biden orders were signed on January 26th. 2 Raise Advanced Climate Change as a National Security Concern, committed to protecting at least 30% (up from 12%) of all federal land and water by 2030, and Federal Agencies will provide “good pay, union employment and cleanup” Carbon pollution. Electricity and clean, zero-emission vehicles will be mobilized to stimulate the fuel sector.
Biden has campaigned to become the most aggressive president on climate change, which he calls the “threat of existence”. Its aim is to rebuild the US electricity sector by 2035 and reach the target of net zero greenhouse gas emissions by 2050.
States on both sides of the issue have filed lawsuits against the federal government over climate change.
Most of the red states sued the Obama administration for blocking the implementation of the cleanup plan to reduce carbon emissions from coal-fired power projects. The US Supreme Court acknowledged this issue in 2015, and the program never worked.
In 2019, a coalition of mostly blue states sued the Trump administration for stalling Obama’s efforts to undermine national restrictions on carbon emissions from power plants.