TOPEKA, Kan. — Kansas Attorney General Derek Schmidt, along with 11 other state attorneys general, filed a lawsuit yesterday seeking to block the Biden administration’s attempt to implement parts of the so-called “Green New Deal” by executive order. The lawsuit challenges President Joe Biden’s Executive Order 13990, which would impose binding rules that federal agencies must use to calculate the “social costs” of greenhouse gases when creating federal regulations. The suit alleges the administration has no statutory authority to decree the formula to be used for calculating those costs. The attorneys general argue the potential stringency of federal regulations imposed at the direction of the executive order would harm agriculture, stifle manufacturing and cause serious damage in Kansas and across the country.
“Once again, an administration wants federal bureaucrats to do by burdensome regulation what it is unable to pass through Congress,” Schmidt said. “This order would result in new regulations that would significantly burden Kansas agriculture, energy production and manufacturing. No president has authority to impose this massive job-killing cost on our economy by executive order.”
This is the first lawsuit Schmidt has filed challenging the legal basis for an action by the Biden administration. During the Obama administration, Schmidt successfully challenged several federal actions, including the waters of the U.S. rule, unilateral executive actions related to immigration and illegal regulation of greenhouse gases without authorization by Congress.
— Kansas Livestock Association
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