DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
213013P.pdf 10/21/2022 State of Missouri v. Joseph Biden, Jr.
U.S. Court of Appeals Case No: 21-3013
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Loken, Author, with Kelly, Circuit Judge, and Menendez,
District Judge]
Civil case - Administrative Procedure. Thirteen states filed this action
seeking injunctive and declaratory relief and challenging Executive Order
13990 reestablishing the Interagency Working Group on the Social Costs of
Greenhouse Gases (IWG), thereby revoking President Trump's Executive Order
13783 disbanding the IWG. The district court did not err in concluding the
States lack Article III standing and that the claims were not ripe for
review; the States failed to plausibly allege the irreducible
constitutional minimum of Article III standing - concrete and
particularized actual injury in fact that is fairly traceable to the
defendants' alleged conduct, publication of interim estimates of the
social costs of greenhouse gas emissions; the States' generalized
grievance on how the current administration is considering the social
costs fails to meet the standard of Article III pleading.