State of Missouri, et al v. Joseph Biden, Jr., et al

  1. January 27, 2023

    Full 8th Circ. Won't Reconsider Carbon Metric Challenge

    The Eighth Circuit rejected 13 Republican-led states' request Friday for the full circuit to reconsider a panel's decision telling them they can't challenge how the Biden administration calculates harm from greenhouse gas pollution.

  2. January 17, 2023

    No Further Review Of Carbon Metric Needed, 8th Circ. Told

    The federal government has urged the Eighth Circuit to stick with its ruling that Republican-led states can't challenge the way the Biden administration calculates harm from greenhouse gas pollution, saying it's clear that generalized fears of future climate change regulations can't sustain a suit.

  3. December 22, 2022

    The Biggest Environmental Law Decisions Of 2022

    The U.S. Supreme Court broke important ground in 2022 with a long-awaited decision limiting the federal government's power to regulate greenhouse gases from power plants, a jury in Michigan failed to decide whether public officials were liable for a lead-contaminated drinking water crisis, and a federal appeals court upheld the Biden administration's authority to craft greenhouse gas cost metrics.

  4. December 06, 2022

    GOP-Led States Want Full 8th Circ. Hearing On Carbon Metrics

    A group of Republican-led states has asked the full Eighth Circuit to hear a challenge to the way the Biden administration calculates greenhouse gas pollution harm, arguing a court panel decision allowed the executive to circumvent mandatory public process when it put the new metric into effect.

  5. October 21, 2022

    8th Circ. Rejects Red States' Challenge To Carbon Cost Metric

    The Eighth Circuit on Friday shot down a lawsuit filed by red states that challenged the Biden administration's method for estimating costs related to greenhouse gas pollution, finding the states must wait to sue over specific regulations that utilize the metric.

  6. July 06, 2022

    Energy Litigation To Watch In The Second Half Of 2022

    The U.S. Supreme Court fielding a fresh request to keep climate change torts against fossil fuel companies in federal courts, and circuit courts grappling with carbon calculation metrics and regulation of vehicle greenhouse gas emissions highlight the key role climate change will play in energy-related litigation worth watching in the second half of 2022.

  7. June 16, 2022

    8th Circ. Weighs If Red States Can Fight Carbon Cost Metric

    The Eighth Circuit on Thursday probed whether over a dozen red states, led by Missouri, jumped the gun by suing over the Biden administration's method for estimating costs related to greenhouse gas pollution instead of waiting to challenge specific regulations integrating the metric. 

  8. March 16, 2022

    Red State AGs Say Biden Can't Defend Carbon Cost Metric

    Thirteen GOP attorneys general on Tuesday told the Eighth Circuit the Biden administration is purposely downplaying the power of a federal agency working group that developed a process for determining the harms of greenhouse gas pollution in an effort to use it in regulation.

  9. February 17, 2022

    Biden Admin. Asks 8th Circ. To Uphold Carbon Cost Metric

    The Biden administration on Thursday urged the Eighth Circuit to affirm a Missouri federal judge's decision to dismiss a challenge by a group of Republican attorneys general to a process for determining the harms of greenhouse gas pollution.

  10. December 08, 2021

    Red State AGs Ask 8th Circ. To Revive Carbon Cost Challenge

    A group of Republican attorneys general have asked the Eighth Circuit to overturn a Missouri federal judge's decision to dismiss their challenge to the Biden administration's process for determining the harms of greenhouse gas pollution.