WASHINGTON, DC – Today, America First Legal (“AFL”) continued its fight against the Biden Administration’s unprecedented lawlessness in a brief filed in the U.S. Court of Appeals for the Fifth Circuit, in the case The State of Louisiana, et al. v. Joseph R. Biden, Jr. The brief, filed in a case involving a lawsuit brought by a coalition of Attorneys General, argues that the Biden Administration blatantly violated the law by establishing a new government entity—the Interagency Working Group—and ordering it to make a massively significant policy determination that would immediately bind other agencies in their own decision-making: how to calculate the costs of greenhouse gas emissions.
Congress did not authorize this new entity’s existence, much less give it the power to promulgate binding rules on an issue of national importance. Yet, President Biden commandeered agency staff from their congressionally mandated duties and ordered the Interagency Working Group to develop “estimates” of these costs. Then, he mandated that other agencies “shall use” those estimates in rulemaking, without action by Congress or even further action from the President.
In summary, the brief effectively argues the following points:
- The Working Group’s estimates violate the Constitution.
- Congress did not authorize the Working Group.
- Congress did not authorize the adoption of binding estimates.
- The Working Group’s estimates violate the APA.
AFL is proud to stand with the state of Louisiana in their fight against the Biden Administration’s clear disregard of separation of powers. This is not the first time the Biden administration has steamrolled the separation of powers. AFL will not stand by and allow this administration to continue their tyranny and use their office as a bully pulpit to further their radical agenda.
Read the Amicus Brief here.
