Progressives blast judiciary over Biden climate agenda | TheHill – The Hill
Liberal groups and legal scholars are up in arms overa recent decision from a federal judge that theyargue is hamstringing the Biden administration's climate agenda.
The decision from Louisiana-based Judge James Cain, a Trump appointee, blocks the federal government from using a particular Obama-era metric for calculating greenhouse gasses.
The judge found that the Biden administrations use of the metric, called the "social cost of carbon," constituted an unfair disadvantage to the 14 Republican-led oil states that sued over the issue.
Liberal legal scholars have panned the decision, calling it highly unusual and accusingthe judiciary of improperly getting involved in an agency's internal decision-making.
"I don't mean to be uncharitable, but it was like watchingatoddler play with matches," said Lisa Heinzerling, a Georgetown environmental law professor.
The judge said that there was no authority [for the administration] to do thisbecauseit's such a big question, Heinzerling added. It's just almost hard to say how startling that is.
To the conservative attorneys general who filed the case, this was a necessary slapdown of an executive overreach.
Bidens executive order was an attempt by the government to take over and tax the people based on winners and losers chosen by the government, Louisiana Attorney General Jeff Landry (R) said in a statement after Cains decision.
But critics saw the ruling, which throws a wrench into some of the administration's attempts to address climate change, as part ofits own overreach: a judiciary which has in recent years been stocked with conservative judges taking unprecedented steps to control the federal government's ability to make various decisions.
Courtsare doingtruly bizarre things in the name ofmajor questions,Heinzerling said, referring toaconservative legal philosophy holding that on a loose set of big policy questions agencies can't act without explicit Congressional authority.
"It seems like its being taken up against particular kinds of goals. Health, safety and environmental regulation has been particularly hard hit," Heinzerling said, pointing to the courtsrecent reversal of OSHA vaccine mandates and theBiden administration's2021 eviction moratorium.
In last weeks ruling, liberal legal scholars say Judge Cain used the major questions idea as a springboard to control an agency's internal decision making an almost unprecedented move, they say, since plaintiffs usually can't sue over internal policies until they come to light in an official rule.
When a rule is final, that's when you could say, Well, there's all these problems with this rule, said James Goodwin of the Center for Progressive Reform.
Maybe it doesn't follow the Clean Air Act. Or maybe they didn't give enough time for notice and comment or maybe they relied on this flawed number for the social cost of carbon.
In those examples, the judiciary would be reviewing an actual, published rule. But that wasn't the case with the Obama-era carbon metric, according to Amit Narang of left-leaning Public Citizen.
The Biden administration's reprisal ofthe metric wasnt yet a rulewith bearing on the public. It was instead put forward as an internal guideline for calculating greenhouse emissions that might have been used, for example, to determine whether employees should fly to conferences or attend digitally.
There has long been partisan dispute over how extensive and expensive the cost of emissions are and how that should play into decision-making in the federal government.
The federal government uses the social cost of carbon metricto calculate the total estimated damage done to society by every ton of emitted carbon dioxide, nitrous oxide and methane.
In 2013, the Obama administration reasoning thatthe damage from greenhouse gas was global in scope and such emissions present a risk to future generations set aninternal social cost of carbon at$52 per ton. Thatspurred immediate pushbackfrom Koch Industries and the U.S. Chamber of Commerce, among others.
The Trump administration, by contrast, knocked that internal number down toa $7 per ton which stood until January 2021, when Bidenissued an executive orderdirecting federal agencies to come up with a new social cost of carbon.
In the meantime,Biden toldagencies to go back to the Obama number $52 per ton while they worked on coming up with an updated metric.
In March, 14 Republican attorneys general, led by Missouri's Eric Schmitt, asserted Biden had overstepped his authority.
If the Executive Order stands, it willinflict hundreds of billions or trillions of dollars of damageto the U.S. economy for decades to come, Schmitt said in a statement then.
It will destroy jobs, stifle energy production, strangle Americas energy independence, suppress agriculture, deter innovation, and impoverish working families,he added.
By asserting that such damages already existed, the attorneys general attempted to get around the problem of standing whether they had any legal recourse against rules that hadnt yet been made.
"A judge with a shred of integrity would say, Take this case away, you're wasting my time and yours. Come back to me with a concrete case where we actually have facts to work with, arguedGoodwin, with the Center for Progressive Reform.
Kevin Rennert, a climate scientist and economist with the nonprofit Resource for the Future, said the Louisiana ruling is likely to be appealed, particularly since other federal district courts like Californias Ninth Circuit have repeatedly ruled that the government must use a rigorous social cost of carbon.
It seems evident that there will be an appeal and ... given how unusual this particular ruling is, you know, it may very well be that this ruling is overturned as part of the appeal process, he said.
If it were to be successfully appealed, it would be in line to go to the right-leaning Fifth Circuit, which isin the middle of its owncontroversyover questions of state and corporate ability to impose health and safety standards.
In a blistering dissent over a recent decision knocking down United Airlines coronavirus vaccine mandate ruling that it caused irreparable harm by forcing employees to change their religion Judge Edwin Smith, a Reagan appointee, wrote that the Good Ship Fifth Circuit is afire.
If I ever wrote an opinion authorizing preliminary injunctive relief for plaintiffs without a cause of action ... I would hide my head in a bag, Smith wrote.
Heinzerling said federal agencies are likely closely watching such decisions.
I bet all across the federal governmentpeopleare thinking, Is the thing we're working on going to be a major question now?
Later this month, the Supreme Courtwill hear oral arguments around West Virginias challenge ofthe Obama-era Clean Power Plan that Trump discarded.
Conservative plaintiffs assert against Biden administration demurrals that the plan is going to be the basis of a forthcoming, yet-to-be-announced rule.
Its just bizarre to have the court reviewing the case in which there's nothing to review, said Heinzerling, noting the administrationasked the court to reject the upcoming case.
She added that the plaintiffs seem to be seeking a general judgment that knocks down the Environmental ProtectionAgency's ability to regulate carbon emissions even though no such rule currently exists.
Heinzerlingsaidthe cases present a challengeto agencies that are trying to tackle "questions about our biggest problems ... andthose are the very caseswhere thisprinciple will make them think twice.
Follow this link:
Progressives blast judiciary over Biden climate agenda | TheHill - The Hill
- Progressives land a big win in a Philadelphia House primary and hope it means more are on the way - AP News - May 25th, 2026 [May 25th, 2026]
- Sanders and Ocasio-Cortez Try Boosting Progressives in Red Districts - The New York Times - May 25th, 2026 [May 25th, 2026]
- Progressives land a big win in a Philadelphia House primary and hope it means more are on the way - WAVY.com - May 25th, 2026 [May 25th, 2026]
- Progressives land a big win in a Philadelphia House primary and hope it means more are on the way - wdtimes.com - May 25th, 2026 [May 25th, 2026]
- Progressives land a big win in a Philadelphia House primary and hope it means more are on the way - Corsicana Daily Sun - May 25th, 2026 [May 25th, 2026]
- Progressives land a big win in a Philadelphia House primary and hope it means more are on the way - Caledonian Record - May 25th, 2026 [May 25th, 2026]
- Democratic progressives score victory in Philly primary May 19 - People's World - May 22nd, 2026 [May 22nd, 2026]
- Primary night in Pennsylvania provides big wins for progressives in the region - NBC10 Philadelphia - May 22nd, 2026 [May 22nd, 2026]
- Chris Rabbs election marked a big night for Philly progressives and a rebuke of the Democratic establishment - Inquirer.com - May 22nd, 2026 [May 22nd, 2026]
- Progressives must unite behind Andy Burnham in Makerfield | Letters - The Guardian - May 22nd, 2026 [May 22nd, 2026]
- Progressives seek another big primary win in the nations bluest House district - NBC News - May 20th, 2026 [May 20th, 2026]
- Progressives notch win with Rabb victory in Pennsylvania Democratic House primary - The Hill - May 20th, 2026 [May 20th, 2026]
- Hill progressives endorse in a California race tearing at Democrats - Semafor - May 20th, 2026 [May 20th, 2026]
- Sunset progressives organize to stop billionaire takeover of S.F. - Mission Local - May 20th, 2026 [May 20th, 2026]
- Progressives Need a Slight Course Correction on Tax Policy - Institute on Taxation and Economic Policy - May 20th, 2026 [May 20th, 2026]
- City Council progressives again push once-vetoed housing bill - Spectrum News NY1 - May 20th, 2026 [May 20th, 2026]
- Coalition talks to progress without Progressives / Article - LSM - May 20th, 2026 [May 20th, 2026]
- This coalition will not be healthy. The leader of the 'Progressives' wants to return to power - Inbox.lv - May 20th, 2026 [May 20th, 2026]
- Why Progressives Are Upset With AOC Over Her Marjorie Taylor Greene Comments - Newsweek - May 11th, 2026 [May 11th, 2026]
- Progressives Press Ruben Gallego, Adam Schiff To Insist On Ethics In Crypto Bill - Yahoo News New Zealand - May 11th, 2026 [May 11th, 2026]
- Progressives to ponder their stay in Latvia's coalition / Article - LSM - May 11th, 2026 [May 11th, 2026]
- National Alliance ready to form new government, Progressives say they stay / Article - LSM - May 11th, 2026 [May 11th, 2026]
- Will Rinkvis intervene? The 'Progressives' are meeting with the president - Inbox.eu - May 11th, 2026 [May 11th, 2026]
- The 'Progressives' have decided to cling to power until the last moment. On Wednesday, they invite Evika Silina to talk... - Inbox.eu - May 11th, 2026 [May 11th, 2026]
- Why are Progressives Appeasing Antisemites? - American Center for Law and Justice - May 11th, 2026 [May 11th, 2026]
- They will leave, but... will they stay? The 'Progressives' are considering two scenarios - Inbox.lv - May 11th, 2026 [May 11th, 2026]
- On progressives and regressives - The Times-Independent - May 9th, 2026 [May 9th, 2026]
- Palantir vs the Progressives - TheArticle - May 9th, 2026 [May 9th, 2026]
- VP Shettima joined by Members of the Progressives Governors Forum submits President Tinubus presidential nomination and expression of interest forms -... - May 9th, 2026 [May 9th, 2026]
- [Issue] From Pro-Myung AI Advisor to Progressives and Independents... Six-Way Race in Gwangju Gwangsan-eul By-Election - - May 9th, 2026 [May 9th, 2026]
- Progressives Big Dilemma in the California Governors Race - New York Magazine - May 7th, 2026 [May 7th, 2026]
- New study links identity politics to lower mental well-being among progressives - PsyPost - May 5th, 2026 [May 5th, 2026]
- How Tom Steyer's unexpected alliance with progressives vaulted him into the top tier of California's governor race - NBC News - May 5th, 2026 [May 5th, 2026]
- The Metro: Progressives have momentum. But can they win over party outsiders? - WDET 101.9 FM - May 5th, 2026 [May 5th, 2026]
- David M. Shribman: 2028 may be MAGA vs. the progressives - Pittsburgh Post-Gazette - May 5th, 2026 [May 5th, 2026]
- Progressives do not really believe in freedom - Washington Times - May 5th, 2026 [May 5th, 2026]
- Opinion | From 'Clean Eating' to Clean Rules: What Progressives Can Collaborate On With MAHA - Common Dreams - May 5th, 2026 [May 5th, 2026]
- Progressives must learn: You cant believe everything Cuba says - The Hill - May 5th, 2026 [May 5th, 2026]
- As progressives Chi Oss and Tish James posture, the fragile senior behind the deed-theft farce remains missing - New York Post - May 1st, 2026 [May 1st, 2026]
- The Hot New Trend Among Progressives? Theft - City Journal - May 1st, 2026 [May 1st, 2026]
- Progressives virtue signal on political violence. Take a look in the mirror. - AJC.com - May 1st, 2026 [May 1st, 2026]
- Abdul-Hakim Shabazz: Thank the Progressives for your primary - dailyjournal.net - May 1st, 2026 [May 1st, 2026]
- As antisemitism rises, progressives must meet the moment - lbc.co.uk - May 1st, 2026 [May 1st, 2026]
- Opinion | Justice Thomas: Progressives vs. the Declaration - WSJ - April 17th, 2026 [April 17th, 2026]
- Pter Magyars victory is nothing for progressives to cheer - Spiked - April 17th, 2026 [April 17th, 2026]
- San Francisco has gone YIMBY. Progressives are scrambling to protect their wins - The San Francisco Standard - April 17th, 2026 [April 17th, 2026]
- Two progressives and a Brookline Republican will try to unseat Auchincloss in 4th District race - Brookline.News - April 17th, 2026 [April 17th, 2026]
- The Clean Economy Imperative and the Fossil Fuel Reckoning: Why the Iran Shock Is Progressives Economic Moment - Center for American Progress Action - April 17th, 2026 [April 17th, 2026]
- Tucker Carlson may have Turned on Israel and Trump, but he's no friend to Progressives or Muslims - Informed Comment - April 17th, 2026 [April 17th, 2026]
- Progressives (NYSE:PGR) Q1 CY2026 Earnings Results: Revenue In Line With Expectations - StockStory - April 17th, 2026 [April 17th, 2026]
- Clarence Thomas Thinks Progressives Are Destroying America...While Conservatives Destroy America - NewsOne - April 17th, 2026 [April 17th, 2026]
- Islamists and progressives: surprising common ground and why it matters - valleyvanguardonline.com - April 12th, 2026 [April 12th, 2026]
- If Marilyn Gladu feels she has a place in Mark Carney's Liberal party, is there any room for progressives? - iPolitics - April 12th, 2026 [April 12th, 2026]
- Progressives in Washington, California, and Hawaii want to squeeze the wealthy - Washington Examiner - April 10th, 2026 [April 10th, 2026]
- Dear progressives, stop being wimpish on Trump - thenewworld.co.uk - April 10th, 2026 [April 10th, 2026]
- Northern Youth Progressives Forum Blasts Jigawa Defectors, Reaffirms APCs Dominance - Independent Newspaper Nigeria - April 10th, 2026 [April 10th, 2026]
- Progressives dominated in Houstons District C. And theyre just getting started. | Opinion - Houston Chronicle - April 8th, 2026 [April 8th, 2026]
- Bernie Sanders Backs Claire Valdez in NYC House Race Dividing Left and Progressives - The Intercept - April 8th, 2026 [April 8th, 2026]
- DOUG SCHOEN: Democratic battle pits moderates vs. progressives for soul of the party - Fox News - April 8th, 2026 [April 8th, 2026]
- European Progressives Have Chance to Turn Far Right Losses Into Long-Term Defeat - truthout.org - March 30th, 2026 [March 30th, 2026]
- Chicago Progressives Voted To Freeze Minimum Wage Hikes for Restaurant Workers. Why Won't the Mayor Listen? - Yahoo - March 30th, 2026 [March 30th, 2026]
- Stephen A. Smith goes scorched earth on progressives -- tells them to shut the hell up over voter ID laws - New York Post - March 30th, 2026 [March 30th, 2026]
- Progressives Launch Child Care for America Working Group Ahead of 2026 Midterms - NOTUS News of the United States - March 30th, 2026 [March 30th, 2026]
- Marshall for The Hill: Bashing Billionaires Isnt Helping Progressives Win the Working Class - Progressive Policy Institute - March 30th, 2026 [March 30th, 2026]
- Progressives vow 'no' votes on Iran war funding - KGNS - March 30th, 2026 [March 30th, 2026]
- House Progressives Blast $200 Billion Iran War Funding Plan - NOTUS News of the United States - March 30th, 2026 [March 30th, 2026]
- The Lefts Epstein war: Conspiracy theories gain ground among progressives - Washington Examiner - March 30th, 2026 [March 30th, 2026]
- SPEECH BY HIS EXCELLENCY, PRESIDENT BOLA AHMED TINUBU, GCFR, AT THE 4TH ELECTIVE NATIONAL CONVENTION OF THE ALL PROGRESSIVES CONGRESS (APC) FRIDAY,... - March 30th, 2026 [March 30th, 2026]
- Progressives vow 'no' votes on Iran war funding - WAVE News - March 26th, 2026 [March 26th, 2026]
- Progressives vow 'no' votes on Iran war funding - WSAW - March 26th, 2026 [March 26th, 2026]
- Progressives vow 'no' votes on Iran war funding - WBAY - March 26th, 2026 [March 26th, 2026]
- Progressives vow 'no' votes on Iran war funding - KCTV - March 26th, 2026 [March 26th, 2026]
- Progressives vow 'no' votes on Iran war funding - WLOX - March 26th, 2026 [March 26th, 2026]
- Progressives vow 'no' votes on Iran war funding - WWBT - March 26th, 2026 [March 26th, 2026]
- Progressives vow 'no' votes on Iran war funding - First Alert 4 - March 26th, 2026 [March 26th, 2026]
- Progressives vow 'no' votes on Iran war funding - WEEK | 25 News Now - March 26th, 2026 [March 26th, 2026]
- Progressives vow 'no' votes on Iran war funding - WTVY - March 26th, 2026 [March 26th, 2026]
- Progressives vow 'no' votes on Iran war funding - WITN - March 26th, 2026 [March 26th, 2026]
- Progressives vow 'no' votes on Iran war funding - KY3 - March 26th, 2026 [March 26th, 2026]
- Progressives vow 'no' votes on Iran war funding - 14 News - March 26th, 2026 [March 26th, 2026]