Court ruling sets up clash between Trump DOJ and red states over climate rule

By Lesley Clark | 01/30/2025 06:16 AM EST

The administration’s request to delay a hearing was rejected, meaning it will have to defend a climate rule it wants to dismantle.

A construction crew works on a bridge over Interstate 70 near downtown Denver.

A Biden-era climate rule requires states to track greenhouse gases from federally funded highway projects. David Zalubowski/AP

An appeals court has rejected the Trump administration’s request to postpone arguments over a Biden-era climate change rule.

The Justice Department last week asked the 6th U.S. Court of Appeals to delay a Feb. 5 hearing to give it more time to review the Federal Highway Administration rule that requires states to measure and report the amount of heat-trapping pollution created by highway and road projects that receive federal dollars.

The court turned down the request Tuesday without offering an explanation. The decision means the Department of Justice under President Donald Trump will defend the rule against arguments from a group of Republican-led states.

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A judge in Kentucky ruled last year that the agency had overstepped its authority in issuing the rule. The Biden administration appealed.

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