On 2/11/2022 Judge Cain (Western District of Louisiana) issued ruled that a Biden executive order contradicts Congress’ intent regarding the consideration of global effects:
The Court finds that EO 13990 contradicts Congress’ intent regarding legislative rulemaking by mandating consideration of the global effects. The Court further finds that the President lacks power to promulgate fundamentally transformative legislative rules in areas of vast political, social, and economic importance, thus, the issuance of EO 13990 violates the major questions doctrine.
p. 33 of the ruling
Judge Cain’s order seems, at least to this non-lawyer, to contradict the 1/27/2022 ruling by Judge Contreras, DC Federal Court, that BOEM “acted arbitrarily and capriciously in excluding foreign consumption from their greenhouse gas emissions calculation.” The plaintiffs had asserted that BOEM failed to consider the effect that reduced US offshore production (and higher prices) would have on foreign consumption and the associated GHG emissions. (Poverty is good?)
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