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.

The American Road & Transportation Builders Association (ARTBA) and Associated General Contractors (AGC) of America filed joint legal briefs Feb. 16 in both courts supporting 22 states challenging FHWA's imposition of a requirement that congressional leaders purposely excluded during negotiations leading to passage of the landmark 2021 Bipartisan Infrastructure Law.

In reaction to the court rulings, ARTBA President and CEO Dave Bauer said:

"The Courts' rulings are a meaningful step to halt an array of new and expanded federal regulations that are diluting the impact of the landmark Bipartisan Infrastructure Law by increasing costs and delaying project delivery.

"The decisions also uphold one of the law's fundamental principles: that states should decide how to pursue transportation solutions that meet their unique needs with a minimum of interference from Washington, D.C."

For more information, visit www.artba.org.