The Fifth Circuit has stayed an order blocking Biden administration use of the “Interim Estimates” of the social cost of greenhouse gases. The Court did not leave much doubt that the administration will prevail on the merits.
Issuance of a stay is based on criteria very similar to those regarding entry of an injunction. The two most important are the likelihood of success on the merits and whether the person requesting the stay will suffer irreparable harm if a stay is not granted. … More