Republican AGs double down on Biden administration lawsuits as president prepares to leave office

Utah AG Sean Reyes and Texas AG Ken Paxton are suing the Biden administration over energy-efficient housing standards, claiming they hinder affordable housing and exceed legal limits.

President Biden has repeatedly taken aim at the fossil fuel industry as part of his sweeping climate agenda. (Getty Images)

Paxton said they "may have another" lawsuit on the way, but they may not have it ready in time.

In addition to Utah and Texas, the states participating in the lawsuit with the National Association of Home Builders are Alabama, Arkansas, Idaho, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, South Carolina, Tennessee and West Virginia. The coalition contends the administration’s energy standards are not only burdensome but also exceed the authority granted by Congress. 

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"Even as our nation prepares to transition to a new administration, the outgoing HUD and USDA offices are committed to inflicting unwanted and unneeded cost increases on Americans who are already struggling to pay their bills, provide for their families, and secure a brighter future for their children," Reyes said in a statement.

The Biden administration has claimed these rules will save money by making homes more energy efficient. However, critics argue the rules are increasing upfront costs and reducing options for buyers.

The lawsuit also questions whether the administration had the legal authority to enforce these rules. The attorneys general say the administration is relying on private organizations, like the International Code Council, to set standards that go beyond what the original law intended.

Texas Attorney General Ken Paxton and his wife. (Bill Clark/CQ-Roll Call, Inc via Getty Images)

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More than a dozen Republican AGs over the last four years have kept the Biden administration on alert and issued notices on several of his policies. In November, Iowa Republican Attorney General Brenna Bird, alongside more than 20 other attorneys general, sent a letter to special counsel Jack Smith, New York Attorney General Letitia James and Fulton County District Attorney Fani Willis, calling on them to drop their cases against President-elect Trump to avoid the risk of a "constitutional crisis."

Paxton also filed a lawsuit in November against the Biden-Harris Department of Justice to prevent potential destruction of any records from Smith’s "corrupt investigation into President Donald Trump," according to his office. 

Fox News Digital has reached out to the White House for comment but did not hear back by time of publication.

Jamie Joseph is a writer who covers politics. She leads Fox News Digital coverage of the Senate. 

https://www.foxnews.com/politics/republican-ags-double-down-biden-admin-lawsuits-president-prepares-leave-office