ARTBA Backs States Opposing Greenhouse Gas Mandate; “Round Two”

What’s happening: In a new “friend of the court” brief filed Oct. 7, ARTBA reiterated its opposition to a Federal Highway Administration (FHWA) rule mandating states incorporate greenhouse gas (GHG) measurements in project planning. Earlier this year, 22 states successfully challenged the rule in Kentucky and Texas federal district courts, with ARTBA and the Associated General Contractors of America (AGC) supporting both suits. The federal government is now appealing these decisions, so the two associations restated their opposition in the brief filed in the U.S. Court of Appeals for the Sixth Circuit, which is reviewing the Kentucky ruling.

Why it matters: The states challenging the rule, along with ARTBA and AGC, have argued Congress did not intend for FHWA to impose this mandate. Moreover, the rule could result in some states diverting highway funds from projects prioritized for safety and resiliency.

What’s next: The Sixth Circuit Court will decide whether to uphold the district court’s ruling or allow the federal government to reinstate the GHG rule. A similar appeal by FHWA is also pending before the Fifth Circuit Court in Texas, where ARTBA plans to file a similar brief. If both courts rule in favor of the states, the rule will remain repealed. If the courts issue differing rulings, the case may move to the Supreme Court. ARTBA will continue to monitor both cases and provide updates to members. Prianka Sharma is the contact.