Bloomberg Law
March 10, 2021, 7:26 PM

States’ Opening Attack on Biden Climate Agenda Faces Hurdles

Ellen M. Gilmer
Ellen M. Gilmer

A new legal attack on the Biden administration’s climate agenda is an aggressive opening shot from Republican attorneys general set to become the president’s persistent courtroom foes, but the case faces steep procedural hurdles.

Outside lawyers say the 12 states challenging President Joe Biden’s executive order addressing the cost of greenhouse gases may have filed their lawsuit too early, making it more effective as a messaging tool than a legal one.

“This lawsuit is premature,” Georgetown University law professor William W. Buzbee said. “What will matter will be final agency actions actually taken that may or may not use this ...

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