A judge in Texas has struck down a Biden administration rule that required states to measure and report the greenhouse gas emissions from any vehicles using the national highway system.
Specifically, it required state transportation departments and metropolitan planning organizations (MPOs) to both measure their transportation-related emissions on the U.S. highway system and set their own emission reduction targets.
Additionally, the measure required state DOTs and MPOs to report every two years on their progress in meeting the declining targets. The Federal Highway Administration would also assess the state’s progress toward achieving those targets, according to the rule.
Texas sued the DOT in December 2023, arguing that the agency lacked legal authority from Congress to enact the rule and that it violates the Administrative Procedure Act.
‘Regulation Attempts to Override Statutory Text’
“When a regulation attempts to override statutory text, the regulation loses every time, regulations can’t punch holes in the rules Congress has laid down,” the judge wrote, citing a previous case, Djie v. Garland.
“That is what occurred here, the DOT’s 2023 Rule attempts to override Section 150(c)(3)’s clear limitation of authorized performance measures to those that track the physical condition and efficiency of the interstate and national highway systems,” the judge, appointed under President Donald Trump, wrote.
“If the people, through Congress, believe that the states should spend the time and money necessary to measure and report GHG [greenhouse gas] emissions and set declining emission targets, they may do so by amending Section 150 or passing a new law. But an agency cannot make this decision for the people.”
‘Blatant Overreach by the Biden Administration’
Republicans, including Transportation and Infrastructure Committee Chairman Rep. Sam Graves (R-Mo.) and Highways and Transit Subcommittee Chairman Rick Crawford (R-Ark.), praised the ruling in a joint statement on March 28.“This was a clear case of blatant overreach by the Biden Administration from the beginning, and we commend the Court for its ruling that a ‘federal administrative agency cannot act without congressional authorization,’” the lawmakers said.
“Congress rejected the inclusion of a GHG performance measure requirement when the infrastructure law was developed, making the Administration’s rulemaking an unlawful attempt to circumvent Congress and force this one-size-fits-all burden upon every state and community across the country.
“We appreciate the ruling and remain committed to ensuring the Administration does not exceed its authority.”
In finalizing the rule in December 2023, Transportation Secretary Pete Buttigieg said the performance measure would provide states with a “clear and consistent framework to track carbon pollution and the flexibility to set their own climate targets.” Officials also said transportation is the leading source of greenhouse gas emissions in the United States.
A spokesperson for the highway administration, which is part of the Transportation Department, told The Epoch Times in an emailed statement: “The Department of Transportation (DOT) and Federal Highway Administration (FHWA) remain committed to supporting the Biden-Harris Administration’s climate goals of cutting carbon pollution in half by 2030 and achieving net-zero emissions by 2050.
“We are reviewing the Texas court’s decision and determining next steps.”
