Legal Challenge: Defending Kentucky Ruling on FHWA GHG Rule

On Oct. 7, ARTBA filed an amicus brief with the U.S. Court of Appeals for the Sixth Circuit opposing FHWA’s greenhouse gas (GHG) measurement mandate for state project planning. This follows successful challenges by 22 states in federal district courts in Kentucky and Texas, with ARTBA supporting both cases. The federal government is now appealing the Kentucky ruling, prompting ARTBA to restate its position that Congress did not authorize FHWA to impose such a mandate.

ARTBA and the states argue the rule could force some states to divert highway funds from safety and resiliency projects to meet climate goals.

The Sixth Circuit will determine whether to uphold the district court’s decision or reinstate the GHG rule. A similar appeal is pending in the Fifth Circuit, where ARTBA filed another brief. Differing court rulings could send the issue to the Supreme Court

Read the full brief here.