States Sue FHWA Over GHG Rule; ARTBA Stands Ready to Assist

What happened: Attorneys general from 22 states filed suit Dec. 22 in Kentucky Federal District Court, challenging a new requirement for states to estimate and report greenhouse gas (GHG) impacts when planning federally-aided highway projects. The Federal Highway Administration (FHWA) had published the final rule Dec. 7. Texas separately sued on Dec. 19. Both lawsuits seek to have the final rule declared unlawful and vacated.

Why it matters: In their complaints, the states argue FHWA lacks the statutory to mandate this performance measure, and that the agency is underestimating the resulting administrative costs. While the regulation does not carry a penalty, states will be required to provide reports outlining steps taken to reduce GHG emissions, as previously outlined in ARTBA’s assessment of the final rule.

ARTBA has long opposed the rule, dating back to an earlier version proposed in the Obama administration. ARTBA’s 2022 comments to FHWA and President and CEO Dave Bauer’s recent statement detail the association’s concerns.

What’s next: FHWA will respond to the litigation in coming months. ARTBA remains in touch with key state attorneys general, transportation departments and affiliated chapters in advancing their arguments. The ARTBA contact is Prianka Sharma.