The rule, issued by the Federal Highway Administration (FHWA) of the Department of Transportation (DOT) in 2023, is part of President Joe Biden's greenhouse gas emission rules to combat climate change.
During its finalization in December, Transportation Secretary Pete Buttigieg stated that 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 claim that transportation is the leading source of greenhouse gas emissions in the United States. (Related: Before Congress claws it all back, Biden regime races to spend $27B “greenhouse gas reduction” slush fund.)
In response, states must report biennially on their progress toward meeting these targets while the FHWA evaluates them. It mandates state transportation departments and metropolitan planning organizations to measure transportation-related emissions on the U.S. highway system and establish emission reduction targets.
However, Texas contested the rule. The court argued that the federal agency lacked the authority from Congress to implement such measures and alleged violations of the Administrative Procedure Act.
The ruling, delivered by Judge James Hendrix of the U.S. District Court for the Northern District of Texas on March 28, stated that the Biden administration exceeded its legal authority by imposing the greenhouse gas emissions performance measure. He cited precedents that found that regulations cannot supersede clear limitations set by Congress.
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"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. "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 stressed the need for legislative action if such measures were to be imposed.
"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."
Republicans celebrate court ruling as a blow against Biden's executive authority
Republicans, led by Transportation and Infrastructure Committee Chairman Rep. Sam Graves (R-MO) and Highways and Transit Subcommittee Chairman Rick Crawford (R-AR), have hailed the decision as a victory for congressional authority.
The opposition has long criticized the Biden administration for executive overreach, particularly in areas where Congress has not granted explicit authorization.
"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,'" stated Graves and Crawford in a joint statement on March 28.
"Congress rejected the inclusion of a GHG performance measure requirement when the infrastructure law was developed, making the administration’s rule-making 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," they added.
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