Biden-Era Climate Rule Dead After Court Grants Dismissal of Appeal

Cars travel along Interstate 80 in Berkeley, Calif., on Jan. 16, 2024. Justin Sullivan/Getty Images

A climate rule issued during the Biden administration is officially dead after judges on Feb. 3 granted the new administration’s request to drop an appeal.

Three judges of the U.S. Court of Appeals for the Sixth Circuit, acting on a recent request from the Federal Highway Administration (FHWA), dismissed the government’s appeal of a ruling that found the FHWA administrator overstepped his authority in issuing the rule, which forced states to take steps to reduce carbon dioxide emissions from vehicles.

The judges cited a court rule that lets appealing parties dismiss appeals voluntarily if doing so would not create injustice or unfairness. The states that sued over the rule did not oppose the dismissal.

U.S. District Judge Benjamin J. Beaton ruled in 2024 that the rule went beyond the authority that lawmakers had given the FHWA administrator.

“Congress supplied a clear and sensible instruction: the Administrator may set standards and measures that states use to plan and assess the National Highway System. The Administrator, who retains significant delegated authority over the federal spending program, may review state planning reports for compliance and potentially even withhold conditional federal funding,” the judge said at the time.

“But what the Administrator may not do is step into the shoes of sovereign states, which set their own targets for any standards and measures established by the agency.”

The government lodged an appeal to try to overturn the ruling.

Before the Sixth Circuit could rule on the case, though, President Joe Biden exited the White House, and Donald Trump became president.

The attorneys representing the FHWA then informed the court that the agency “no longer wishes to pursue appellate review of the district court’s decision in this case.”

The states that sued over the rule, including Indiana and Kentucky, told the court that they did not oppose the request for dismissal.

“Dismissal of this appeal leaves in place the district court’s judgment, supported by its thorough opinion. It confirms that the States will not be subject to this unlawful Rule regardless of whether this appeal is withdrawn. And it is therefore an important victory for the States and the rule of law,” the states said.

U.S. lawmakers who had filed a brief opposing the rule celebrated the dismissal.

“This dismissal reinforces the fundamental principle: federal agencies do not have authority Congress doesn’t grant them,” Sen. Kevin Cramer (R-N.D.) said in a statement.

Sen. Shelley Moore Capito (R-W.Va.) added, “The decision from President Trump’s FHWA to end the previous administration’s attempt to continue this unlawful rule is an important step in reversing the extreme climate agenda of the past four years, and I’m thrilled that the court has now officially dismissed the appeal.”