A federal district court in Colorado recently issued a decision faulting federal agencies for failing to calculate the social cost of greenhouse gas (GHG) emissions on the basis that such a calculation was not feasible. The court reasoned that it was arbitrary and capricious for the agencies to proclaim the benefits of a project while ignoring the costs. This opinion may impose additional obligations on federal agencies to analyze the cost of GHG emissions in evaluating the impacts of a proposed action on the environment.
In High Country Conservation Advocates v. U.S. Forest Service, No. 13-cv-01723-RBJ (D. Colo. June 27, 2014), a group of plaintiffs brought suit against the Forest Service, Bureau of Land Management...