Republican AGs Try to Slam the Brakes on New Federal Highway Rule

  • A group of 21 Republican AGs filed a lawsuit challenging a new rule promulgated by the Federal Highway Administration (FHWA) and the U.S. Department of Transportation (DOT) that requires all states with National Highway System mileage to take affirmative steps to set declining targets with the goal of reducing on-road CO2 emissions.
  • In the complaint, the AGs argue that the FHWA and the DOT lack Congressional authorization to regulate greenhouse gas emissions and to compel states to administer a federal regulatory program and that the rule violates the major questions doctrine, the Administrative Procedures Act (APA), and the Spending Clause.
  • The AGs seek declaratory and injunctive relief, and costs and fees, among other relief.