ARTBA Backs Texas in Appeal of Federal Greenhouse Gas Rule

What happened: Continuing to act against overreaching regulations, ARTBA filed an amicus brief Nov. 8 opposing the Federal Highway Administration’s (FHWA) greenhouse gas (GHG) performance measure mandate for states.

The state of Texas successfully challenged the rule in federal district court, and FHWA is appealing.  Joined by the Associated General Contractors of America (AGC), ARTBA’s latest brief argues that FHWA lacks congressional authority to impose such mandates, which interfere with a state’s ability to prioritize safety and resilience in infrastructure projects.

Why it matters: ARTBA contends that FHWA’s rule imposes climate targets that could divert critical resources from key infrastructure priorities. The brief also argues that Congress never intended FHWA to have such authority, and that the rule undermines state autonomy.

What’s next: The appeals court will decide whether to uphold or overturn the lower court’s ruling. ARTBA filed a similar brief in the Sixth Circuit, where a related case is under review. If the courts issue conflicting rulings, the matter may ultimately reach the Supreme Court. ARTBA’s participation in this litigation is made possible by members and chapters contributing to the association’s Transportation Makes America Work (TMAW) program. For further details on this and related cases, contact Prianka Sharma.