In ‘deeply flawed’ ruling, judge prevents feds from considering best available information on monetized climate pollution damage


February 11, 2022

Sharyn Stein, 202-905-5718, [email protected]

(February 11, 2022) In a deeply flawed decision today, a federal judge in Louisiana ruled that the federal government is prohibited from relying on the most recent information about severe climate pollution damage – monetized through to a measure referred to as the “social cost of carbon” – when adopting common sense solutions.

“This opinion is bizarre, deeply flawed, and does not comply with US law,” said Vickie Patton, general counsel for Environmental Defense Fund. “He is trying to prevent federal agencies from using the best information available to protect the American people from climate pollution. This would put people’s lives and health at risk. This decision is irresponsible to basic facts and radically ignores well-established constitutional safeguards on the judiciary.

Judge James Cain of the United States District Court for the Western District of Louisiana issued a preliminary injunction prohibiting the federal government from relying on the best science and economic analysis available – analysis based on extensive peer-reviewed information documenting and monetizing the serious harm caused by climate pollutants like carbon dioxide and methane.

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