Legal Challenge: FHWA GHG Texas Rule Appeal

On Nov. 8, ARTBA filed an amicus brief supporting the state of Texas in its effort to uphold a federal district court ruling that struck down FHWA’s greenhouse gas (GHG) performance measure mandate. The brief argues that FHWA lacks congressional authority for such mandates, which could interfere with Texas’ ability to prioritize safety and resilience in infrastructure projects. ARTBA contends the rule imposes climate targets that may divert resources from critical infrastructure needs and undermines state autonomy.

The appeals court will now decide whether to uphold the district court’s ruling in favor of Texas. A related case is also pending in the Sixth Circuit. Conflicting rulings could send the issue to the Supreme Court.

Read the full brief here.