ARTBA Supports States Suing Over Greenhouse Gas Mandate

What happened: ARTBA and the Associated General Contractors of America (AGC) jointly filed amicus briefs in two federal courts Feb. 16, supporting 22 states that are challenging a greenhouse gas (GHG) performance measure mandated by the Federal Highway Administration (FHWA) in a rule released Dec. 7.

Why it matters: The rule requires state transportation departments to set and report on two- and four-year statewide emissions reduction targets. States must set initial targets by spring, with subsequent targets due by Oct. 1, 2026. Those states failing to meet these goals must submit updated plans outlining actions to achieve them, although they won’t face specific penalties from FHWA.

Attorneys general from 21 states sued Dec. 22 in Kentucky Federal District Court, while Texas sued separately Dec. 19.

The states argue FHWA lacks statutory authority to impose the performance measure and underestimates related administrative costs. The ARTBA/AGC briefs emphasize that Congress purposefully excluded such a provision from the Infrastructure Investment and Jobs Act (IIJA) and previous legislation –  products of bipartisan negotiation. The IIJA’s legislative history shows the House and Senate deliberately removed GHG-related provisions that had appeared in earlier versions of the bill.

ARTBA previously filed comments on the FHWA rule in 2022, arguing that states should make their own decisions on GHG measurements.

What’s next: Decisions from both courts are expected at the end of March. ARTBA’s Prianka Sharma is the contact.