New Administration Slams Brakes on Defense of Federal Highway Emissions Rule

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  • The U.S. DOJ, as counsel for the Federal Highway Administration (FHWA), filed a motion with the U.S. Court of Appeals for the Sixth Circuit seeking voluntary dismissal of its appeal of a lower court decision invalidating a final rule requiring all states with National Highway System mileage to take affirmative steps to set declining CO2 targets, with the goal of reducing greenhouse gas emissions.
  • A group of 21 Republican AGs filed a lawsuit in the U.S. District Court for the Western District of Kentucky, arguing that the FHWA and DOT lack Congressional authorization to regulate greenhouse gas emissions and compel states to administer a federal regulatory program, and that the rule violates the major questions doctrine, the Administrative Procedures Act (APA), and the Spending Clause. The District Court agreed, invalidating the rule on the grounds that it exceeds the FHWA’s statutory authority and is arbitrary and capricious.
  • In its motion, the FHWA explained that it did not wish to pursue appellate review of the District Court’s decision and that it would consider what additional administrative steps would be appropriate regarding the final rule.
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