Biden’s Greenhouse Gas Emissions Rule for Vehicles Struck Down by Texas Judge

A judge in Texas struck down a Biden administration rule on March 28 that required states to measure and report the greenhouse gas emissions from any vehicles using the national highway system.

The rule was issued by the U.S. Department of Transportation (DOT)’s Federal Highway Administration (FHWA) in 2023 as part of President Biden’s efforts to slash carbon emissions in half by 2030.

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 biennially on their progress in meeting the declining targets. FHWA would also assess the state’s progress toward achieving those targets, according to the rule.

Texas sued the DOT in December, arguing the agency lacked legal authority from Congress to enact the rule, and that it violates the Administrative Procedure Act.

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