Carlos Rodriguez
A Texas federal judge has invalidated a Biden administration regulation that mandated states and cities to gauge and establish objectives for curbing greenhouse gas emissions linked with transportation.
The rule, issued by the Federal Highway Administration, faced opposition from Republicans who contended that the federal government lacked the authority to enforce such a directive, viewing it as a bid by the Biden administration to impose its climate agenda on traditionally conservative states. Texas initiated legal action in December to nullify the rule, with a federal judge ruling in favor of the state on Wednesday.
“A federal administrative agency cannot act without congressional authorization. Here, the Federal Highway Administration created a rule requiring the states to measure, report, and set declining targets for the amount of carbon dioxide emitted by vehicles using the interstate and national highway systems,” remarked Judge James Hendrix of the Northern District of Texas.
“Texas sued, alleging that the agency lacked authority to enact the rule. Given the statutory text’s plain language and context, the Court agrees,” added Hendrix, a Trump appointee.
In his 49-page verdict, Hendrix underscored that the Department of Transportation had endeavored to supersede the law’s “clear limitation of authorized performance measures to those that track the physical condition and efficiency of the interstate and national highway systems.”
He emphasized that for the federal government to compel states to undertake greenhouse gas measurements, Congress would need to amend 23 U.S. Code Section 150, a federal law related to national highways and interstates, or enact an entirely new legislation.
“If the people, through Congress, believe that the states should spend the time and money necessary to measure and report GHG emissions and set declining emission targets, they may do so by amending Section 150 or passing a new law,” articulated Hendrix. “But an agency cannot make this decision for the people.”
Republicans in Congress, including Transportation and Infrastructure Committee Chairman Sam Graves (R-MO) and Highways and Transit Subcommittee Chairman Rick Crawford (R-AR), lauded the ruling.
