Judge strikes down Biden highway climate emissions rule

By Lesley Clark | 03/28/2024 01:23 PM EDT

Congress never authorized the Federal Highway Administration to require states to set greenhouse gas emissions targets, the ruling says.

Transportation Secretary Pete Buttigieg.

Transportation Secretary Pete Buttigieg. Evan Vucci/AP

A federal judge in Texas has wiped out a Biden administration rule that required state and local transportation officials to set greenhouse gas emissions targets for federally funded highway and road projects.

The Federal Highway Administration did not have congressional approval to issue its regulation, Judge James Wesley Hendrix of the U.S. District Court for the Northern District of Texas ruled Wednesday night.

The rule required state transportation departments and local metropolitan planning organizations to measure and report the amount of heat-trapping pollution created by highway and road projects that receive federal dollars. The agencies were also required to set goals for reducing emissions from those projects.


The first reporting deadline for the program would have been tomorrow. The Department of Transportation did not immediately return a request for comment.