President Biden will be in office less than two more weeks, but that's not slowing down Utah Attorney General Sean D. Reyes and Texas Attorney General Ken Paxton, both Republicans, from taking the Biden administration to court over new energy-efficient housing standards they argue undermine affordable housing and go beyond what federal law allows.
This isn't the only late lawsuit or complaint filed against the Biden White House in its waning days, and it marks Paxton's 103rd lawsuit challenging the Democratic administration.
"So, I don't know if anybody's close to that, but he's kept us busy because we've had to prevent him from being more of a king or a dictator than an elected executive who is responsible for implementing, not creating, laws," Paxton told Fox News Digital in an interview.
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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.
"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.
Biden's renewable energy agenda has been a controversial focal point of energy critics over the last four years. On Monday, Biden also signed an executive action that bans new drilling and further oil and natural gas development on more than 625 million acres of U.S. coastal and offshore waters.
Trump's press secretary quickly slammed the order on X.
"This is a disgraceful decision designed to exact political revenge on the American people who gave President Trump a mandate to increase drilling and lower gas prices. Rest assured, Joe Biden will fail, and we will drill, baby, drill," Karoline Leavitt wrote on X.
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.
