LOUISIANA BY AND THROUGH LANDRY v. BIDEN

No. 22-30087.

64 F.4th 674 (2023)

The State of LOUISIANA, BY AND THROUGH its Attorney General, Jeff LANDRY; The State of Alabama, by and through its Attorney General, Steve Marchall; The State of Florida, by and through its Attorney General, Ashley Moody; The State of Georgia, by and through its Attorney General, Christopher M. Carr; The Commonwealth of Kentucky, by and through its Attorney General, Daniel Cameron; The State of Mississippi, by and through its Attorney General, Lynn Fitch; The State of South Dakota, by and through its Governor, Kristi Noem; The State of Texas, by and through its Attorney General, Ken Paxton; The State of West Virginia, by and through its Attorney General, Patrick Morrisey; The State of Wyoming, by and through its Attorney General, Bridget Hill, Plaintiffs-Appellees, v. Joseph R. BIDEN, Jr., in his official capacity as President of the United States; Cecilia Rouse, in her official capacity as Chairwoman of the Council of Economic Advisers; Shalanda Young, in her official capacity as Acting Director of the Office of Management and Budget; Kei Koizumi, in his official capacity as Acting Director of the Office of Science and Technology Policy; Janet Yellen, Secretary, U.S. Department of Treasury; Deb Haaland, Secretary, U.S. Department of the Interior; Tom Vilsack, in his official capacity as Secretary of Agriculture; Gina Raimondo, Secretary, U.S. Department of Commerce; Xavier Becerra, Secretary, U.S. Department of Health and Human Services; Pete Buttigieg, in his official capacity as Secretary of Transportation; Jennifer Granholm, Secretary, U.S. Department of Energy; Brenda Mallory, in her official capacity as Chairwoman of the Council on Environmental Quality; Michael S. Regan, in his official capacity as Administrator of the Environmental Protection Agency; Gina McCarthy, in her official capacity as White House National Climate Advisor; Brian Deese, in his official capacity as Director of the National Economic Council; Jack Danielson, in his official capacity as Executive Director of the National Highway Traffic Safety Administration; United States Environmental Protection Agency; United States Department of Energy; United States Department of Transportation; United States Department of Agriculture; United States Department of Interior; National Highway Traffic Safety Administration; Interagency Working Group on Social Cost of Greenhouse Gases, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

FILED April 5, 2023.


Attorney(s) appearing for the Case

Elizabeth Baker Murrill, Esq. , Assistant Attorney General, Office of the Attorney General for the State of Louisiana, Baton Rouge, LA, Shae Gary McPhee, Jr. , Assistant Solicitor General, Joseph Scott St. John , Louisiana Department of Justice Office of the Solicitor General, New Orleans, LA, for Plaintiffs-Appellees State of Louisiana, by and through its Attorney General, Jeff Landry, State of Alabama, by and through its Attorney General, Steve Marchall, State of South Dakota, by and through its Governor, Kristi Noem, State of Texas, by and through its Attorney General, Ken Paxton, State of Wyoming, by and through its Attorney General, Bridget Hill.

Elizabeth Baker Murrill, Esq. , Assistant Attorney General, Office of the Attorney General for the State of Louisiana, Baton Rouge, LA, Henry Charles Whitaker , Office of the Attorney General for the State of Florida, Tallahassee, FL, Shae Gary McPhee, Jr. , Assistant Solicitor General, Joseph Scott St. John , Louisiana Department of Justice Office of the Solicitor General, New Orleans, LA, for Plaintiff-Appellee State of Florida, by and through its Attorney General, Ashley Moody.

Elizabeth Baker Murrill, Esq. , Assistant Attorney General, Office of the Attorney General for the State of Louisiana, Baton Rouge, LA, Stephen John Petrany , Georgia Department of Law, Atlanta, GA, Shae Gary McPhee, Jr. , Assistant Solicitor General, Joseph Scott St. John , Louisiana Department of Justice Office of the Solicitor General, New Orleans, LA, for Plaintiff-Appellee State of Georgia, by and through its Attorney General, Christopher M. Carr.

Matthew F. Kuhn , Office of the Attorney General, Office of the Solicitor General, Frankfort, KY, Elizabeth Baker Murrill, Esq. , Assistant Attorney General, Office of the Attorney General for the State of Louisiana, Baton Rouge, LA, Shae Gary McPhee, Jr. , Assistant Solicitor General, Joseph Scott St. John , Louisiana Department of Justice Office of the Solicitor General, New Orleans, LA, for Plaintiff-Appellee Commonwealth of Kentucky, by and through its Attorney General, Daniel Cameron.

Justin Lee Matheny, Esq. , Office of the Attorney General for the State of Mississippi, Jackson, MS, Elizabeth Baker Murrill, Esq. , Assistant Attorney General, Office of the Attorney General for the State of Louisiana, Baton Rouge, LA, Shae Gary McPhee, Jr. , Assistant Solicitor General, Joseph Scott St. John , Louisiana Department of Justice Office of the Solicitor General, New Orleans, LA, for Plaintiff-Appellee State of Mississippi, by and through its Attorney General, Lynn Fitch.

Elizabeth Baker Murrill, Esq. , Assistant Attorney General, Office of the Attorney General for the State of Louisiana, Baton Rouge, LA, Lindsay Sara See , Solicitor General, Office of the Attorney General for the State of West Virginia, Charleston, WV, Shae Gary McPhee, Jr. , Assistant Solicitor General, Joseph Scott St. John , Louisiana Department of Justice Office of the Solicitor General, New Orleans, LA, for Plaintiff-Appellee State of West Virginia, by and through its Attorney General, Patrick Morrisey.

Jeffrey Eric Sandberg , Attorney, Thomas Gary Pulham , Michael S. Raab , U.S. Department of Justice, Civil Division, Appellate Section, Washington, DC, Cody T. Knapp , Stephen Michael Pezzi , U.S. Department of Justice, Civil Division, Washington, DC, for Defendants-Appellants.

Max Sarinsky , New York University, School of Law — Institute for Policy Integrity, New York, NY, for Amicus Curiae Institute for Policy Integrity at New York University School of Law.

Judith Vale , Office of the Attorney General, for the State of New York, New York, NY, for Amici Curiae State of New York, State of Colorado, State of Delaware, State of Illinois, State of Maryland, State of Michigan, State of New Jersey, State of Oregon, State of Vermont, State of Washington, State of Wisconsin, Commonwealth of Massachusetts.

Scott Lawrence Nelson , Allison M. Zieve , Public Citizen Litigation Group, Public Citizen Litigation Group, for Amicus Curiae Public Citizen, Incorporated.

Harvey M. Sheldon , Hinshaw & Culbertson, L.L.P., Fort Lauderdale, FL, Lexi T. Holinga , Hinshaw & Culbertson, L.L.P., Baton Rouge, LA, for Amici Curiae William Happer, Richard S. Lindzen, Doctors, CO2 Coalition.

Christopher Ernest Mills , Spero Law, L.L.C., Charleston, SC, for Amicus Curiae America First Legal Foundation.

Michael O'Neill , Landmark Legal Foundation, Leesburg, VA, for Amicus Curiae Landmark Legal Foundation.

Gary Lawkowski , Dhillon Law Group, Incorporated, Alexandria, VA, for Amici Curiae Citizens United, Citizens United Foundation.

Before Wiener, Higginson, and Wilson, Circuit Judges.


On January 20, 2021, the Biden Administration issued an executive order that re-established an interagency working group ("Working Group") to formulate guidance on the "social cost of greenhouse gases."1 That order directed the Working Group to publish dollar estimates quantifying...

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