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1 1 (April 28, 2022)

handle is hein.crs/govefqo0001 and id is 1 raw text is: Congressional ______ ~.Research Service Recent Litigation over the Social Cost of Greenhouse Gases April 28, 2022 Recent litigation over the activity of an executive branch working group has the potential to introduce uncertainty into how federal agencies consider the social cost of greenhouse gas (SC-GHG) emissions in their decisions. As discussed in a CRS In Focus, SC-GHG is an estimate of the economic impact of the emission of one marginal ton of greenhouse gases (GHGs), accounting for quantifiable positive or negative effects in areas such as agricultural productivity, increased flood risk, or changes in energy system costs. President Biden has taken executive action to promote uniformity in how federal agencies quantify the costs of GHG emissions, directing agencies to use SC-GHG estimates prepared by an Interagency Working Group (IWG). One federal district court judge has called into question whether those estimates are consistent with applicable statutes. In contrast, another district court judge and a court of appeals panel have left the estimates in place, concluding that they cannot be challenged until agencies actually rely on them for concrete decisions. With those decisions, the estimates remain available for use by federal agencies, although challenges to the estimates continue in multiple courts. This Legal Sidebar will review the status of those cases so that Congress can remain informed about how federal agencies are exercising the authority that Congress has granted. Cost-Benefit Analysis and the Social Cost of Greenhouse Gases The White House oversees rulemaking efforts by federal agencies under Executive Order (E.O.) 12866, which was issued in 1993 and has been applied (with some variations) by each Administration since. E.O. 12866 requires that agencies undertake a cost-benefit analysis for any significant regulatory action, including any regulatory action that may have an annual effect on the economy of $100 million or more or adversely affect the economy in a material way. (Some statutes also require the use of cost-benefit analysis, as explained in other CRS products.) The Office of Management and Budget has issued Circular A-4 to guide agencies in this duty. If a cost-benefit analysis is required for an action that would affect GHG emissions, that analysis includes the costs of emitting additional GHG into the atmosphere and the benefits of reducing such emissions. To quantify the social costs of a GHG-emitting activity, an agency may multiply the total tons of GHG emissions from the activity by the cost per ton provided by an SC-GHG estimate. Thus, a higher SC-GHG Congressional Research Service https://crsreports. congress.gov LSB10736 CRS Legal Sidebar Prepared for Members and Committees of Congress

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