No. 22-1248

Missouri, et al. v. Joseph R. Biden, Jr., President of the United States, et al.

Lower Court: Eighth Circuit
Docketed: 2023-06-28
Status: Denied
Type: Paid
Tags: administrative-procedure constitutional executive-order greenhouse-gas procedural-injury regulatory social-cost sovereign-interests standing standing-doctrine statutory
Key Terms:
AdministrativeLaw Environmental Immigration JusticiabilityDoctri
Latest Conference: 2023-10-06
Question Presented (AI Summary)

Whether the Petitioning States' alleged harms to their proprietary and sovereign interests (as well as a completed procedural injury) are sufficient to supply Article III standing?

Question Presented (OCR Extract)

QUESTION PRESENTED On January 21, 2021, President Biden issued Executive Order 13990 that re-established the Interagency Working Group on the Social Costs of Greenhouse Gases and ordered them to issue interim estimates on the social costs of greenhouse gases. Executive Order 13990 breaks new ground and generally requires every agency to use those interim “social” costs “when monetizing the value of changes in greenhouse gas emissions resulting from regulations and other relevant agency actions until final values are published.” The interim “social costs” were published in February 2021 without any public input and skipping notice-and-comment procedures. Plaintiff States alleged many different harms and injuries from the interim “social costs” dramatic increase in the costs from emitting greenhouse gases, including harms to proprietary, sovereign, and procedural interests. The Eighth Circuit largely found it too attenuated to infer that federal agencies would propose regulations and follow the President’s command to use the interim social costs, and dismissed the case. The question presented is: 1. Whether the Petitioning States’ alleged harms to their proprietary and sovereign interests (as well as a completed procedural injury) are sufficient to supply Article III standing?

Docket Entries

2023-10-10
Petition DENIED.
2023-09-13
DISTRIBUTED for Conference of 10/6/2023.
2023-08-28
Brief of respondents Joseph R. Biden, Jr., President of the United States, et al. in opposition filed.
2023-07-11
Motion to extend the time to file a response is granted and the time is extended to and including August 28, 2023.
2023-07-06
Motion to extend the time to file a response from July 28, 2023 to August 28, 2023, submitted to The Clerk.
2023-06-25
Petition for a writ of certiorari filed. (Response due July 28, 2023)
2023-04-14
Application (22A900) granted by Justice Kavanaugh extending the time to file until June 26, 2023.
2023-04-11
Application (22A900) to extend the time to file a petition for a writ of certiorari from April 27, 2023 to June 26, 2023, submitted to Justice Kavanaugh.

Attorneys

Joseph R. Biden, Jr., President of the United States, et al.
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent
Missouri, et al.
Jeff Philip JohnsonOffice of the Missouri Attorney General, Petitioner
Jeff Philip JohnsonOffice of the Missouri Attorney General, Petitioner