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Judge Strikes Down Biden Rule Forcing States To Track Emissions From All Vehicles

FILE - In this April 22, 2014 file photo, drivers enter Sacramento on Highway 50 to come to a near stand still as traffic backs up in West Sacramento, Calif. The U.S. Transportation Department is moving to reverse former President Donald Trump's bid to end California's ability to set its own automobile tailpipe pollution standards. The National Highway Traffic Safety Administration, which is part of the DOT, said Thursday, April 22, 2021 it is proposing to withdraw a rule rule meant to stop states from setting their own requirements for greenhouse gases, zero emissions vehicles and fuel economy. .(AP Photo/Rich Pedroncelli, File)

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.

In his ruling, Judge James Hendrix of the U.S. District Court for the Northern District of Texas agreed, stating that the Biden administration lacked authority under law to impose the greenhouse gas emissions performance measure.
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