Federal Judge Shoots Down Biden Admin’s Emissions Rule

A federal judge in Kentucky blocked a Biden administration rule that would have required states to carry out reduction in emissions on federal highways.

Kentucky attorney general Russell Coleman led a coalition of 21 state AGs challenging the Federal Highway Administration (FHWA) in U.S. District Court for the Western District of Kentucky.

The judge’s order said, in part, “the Final Rule exceeds the Federal Highway Administration’s statutory authority and is arbitrary and capricious.”

Coleman was pleased.

“President Biden’s radical environmental agenda has lost touch with reality, and Kentucky families, farmers and workers are paying the price,” Coleman said in a statement. “Like all Americans, Kentuckians love our trucks, cars and vans. With this victory in court, we’re slamming the brakes on the Biden Administration’s politics that make no sense in the Commonwealth.”

At issue is that FHWA’s rule required states to create goals to reduce tail-pipe emissions on the federal highway system, about 4,000 miles of which run through Kentucky. The rule did not tell states how low its targets need to be — only that they must establish “declining carbon dioxide targets” and report back on their progress.

Transportation Secretary Pete Buttigieg said in December the “new performance measure will provide states with a clear and consistent framework to track carbon pollution and the flexibility to set their own climate targets.”

Florida is another state that joined the suit against the FHWA in December.

“This court decision is a major victory against Biden overstepping his authority to push a radical political agenda on Americans,” Florida AG Ashley Moody said in a release. “Biden’s highway emissions rule would have harmed our state’s opportunities for future economic development. We will continue fighting to protect Floridians’ interests against federal overreach.”

The ruling mirrored a similar one in Texas last week. A federal judge in Texas shot down FHWA’s rule, calling it “unauthorized.” Texas sued the Department of Transportation in December.

Other states who joined in Kentucky’s lawsuit included Alabama, Alaska, Arkansas, Idaho, Indiana, Iowa, Kansas, Mississippi, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Utah, Virginia, West Virginia and Wyoming.