ELR Citation: 54 ELR 20055
No(s). 5:23-cv-162-BJB (W.D. Ky. Apr 1, 2024) (Beaton, J.)

A district court granted summary judgment for 21 states in a challenge to the Federal Highway Administration's (FHwA's) rule requiring each state to set declining targets for tailpipe carbon dioxide (CO2) emissions from vehicles on the National Highway System. The states argued requiring automobile emissions reductions reached far beyond roadbuilding to dictate changes to state economies, narrow their transportation options, and displace their greenhouse gas policy, and thus was a "major question" that Congress had not delegated or could not delegate. The court found FHwA lacked a statutory basis to require declining CO2 targets and that the rule could not be justified as a tool to influence state decisionmaking regarding emissions reductions, and thus was invalid. But because the rule operated on a state-by-state basis, relief could only be granted to the 21 states in this suit, not nationwide. The court granted summary judgment for the states, but denied their request to vacate the rule or to permanently enjoin its enforcement.