Court Denies Government Request to Stay Injunction Against Manufactured Housing Energy Rule
Attached for your information and review is a copy of an order entered on March 9, 2022 by the U.S. District Court for the Western District of Louisiana in Louisiana v. Biden, Case No. 2:21-CV-01074, denying a request by the federal government for a stay pending appeal of an injunction entered by the Court on February 11, 2022, prohibiting the use of the government’s “Social Cost of Carbon” (SCC) metric in connection with any pending federal rulemaking activity. That nationwide injunction, as previously reported by MHARR, specifically applies to the pending DOE rulemaking for manufactured housing “energy conservation” standards – as conceded by the government itself in a Declaration submitted to the District Court in support of the government’s Motion for Stay.
Consequently, based on the Court’s action, the injunction against the DOE manufactured housing rulemaking – and the use of SCC “data” in that rulemaking – remains in place. While both this ruling and the underlying injunction could still by overturned by the 5th Circuit U.S. Court of Appeals in New Orleans, the District Court’s action nevertheless represents a victory at this time for the industry, which could potentially delay the DOE rulemaking or even require its reconsideration, in total, if ultimately upheld on appeal.
MHARR will continue to keep you apprised of future developments regarding this matter,
which will be addressed in detail at MHARR’s upcoming Board of Directors meeting.
cc: Other Interested HUD Code Manufactured Housing Industry Members and Consumer Groups
Attachment
Attached for your information and review is a copy of an order entered on March 9, 2022 by the U.S. District Court for the Western District of Louisiana in Louisiana v. Biden, Case No. 2:21-CV-01074, denying a request by the federal government for a stay pending appeal of an injunction entered by the Court on February 11, 2022, prohibiting the use of the government’s “Social Cost of Carbon” (SCC) metric in connection with any pending federal rulemaking activity. That nationwide injunction, as previously reported by MHARR, specifically applies to the pending DOE rulemaking for manufactured housing “energy conservation” standards – as conceded by the government itself in a Declaration submitted to the District Court in support of the government’s Motion for Stay.
Consequently, based on the Court’s action, the injunction against the DOE manufactured housing rulemaking – and the use of SCC “data” in that rulemaking – remains in place. While both this ruling and the underlying injunction could still by overturned by the 5th Circuit U.S. Court of Appeals in New Orleans, the District Court’s action nevertheless represents a victory at this time for the industry, which could potentially delay the DOE rulemaking or even require its reconsideration, in total, if ultimately upheld on appeal.
MHARR will continue to keep you apprised of future developments regarding this matter,
which will be addressed in detail at MHARR’s upcoming Board of Directors meeting.
cc: Other Interested HUD Code Manufactured Housing Industry Members and Consumer Groups
Attachment
