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Challenge to Biden 'Cost of Carbon' policy dismissed

A federal appeals court has dismissed a challenge that Louisiana and other Republican-leaning states filed against a Biden administration environmental policy

By KEVIN McGILL and MATTHEW BROWN
Published - Apr 05, 2023, 01:24 PM ET
Last Updated - Jun 22, 2023, 10:12 AM EDT

NEW ORLEANS (AP) — A lawsuit that Louisiana and other Republican-leaning states filed challenging figures the Biden administration uses to calculate damages from greenhouse gasses was dismissed Wednesday by a federal appeals court.

The unanimous decision by three judges on the 5th U.S. Circuit Court of Appeals in New Orleans was the latest defeat for states challenging the Biden “cost of carbon” policy. It leaves the administration to continue using a damage cost estimate of about $51 per ton of carbon dioxide emissions as it develops environmental regulations. That estimate is under review by the administration and could increase.

The Biden cost estimate had been used during former President Barack Obama's administration. President Joe Biden restored it on his first day in office after the administration of former President Donald Trump had reduced the figure to about $7 or less per ton.

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