Federal Courts in both Texas and Kentucky have now ruled that the Federal Highway Administration (FHWA) lacks the statutory authority to impose a Biden administration greenhouse gas (GHG) performance mandate on state transportation departments. The rulings invalidate the FHWA regulation, affirming that states have the autonomy to pursue their own environmental policies when it comes to GHG emissions. While the federal government may choose to appeal the rulings or deploy other legal strategies, the new regulation will not take effect as FHWA had planned.
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