
A federal court of appeals has terminated a case that blocked the Federal Highway Administration’s vehicle-related greenhouse gas measurement rule as the federal government reverses its position amid an administration change.
On Monday, Feb. 3, a panel for the Sixth Circuit dismissed an appeal filed by the FHWA under former President Joe Biden that challenged a district ruling striking down a December 2023 rule establishing greenhouse gas measurement standards for state departments of transportation and metropolitan planning organizations. The dismissal came just two days before scheduled oral arguments.
The greenhouse gas measurement rule requires MPOs and state DOTs to establish declining carbon dioxide targets. They are to report on progress toward the achievement of those targets. The final rule only establishes a framework for measurement. It does not mandate how low greenhouse gas emission targets must be.
Specifically, state DOTs and metropolitan planning organizations that have National Highway System mileage within their geographic boundaries must establish declining targets for reducing CO2 emission generated by on-road mobile sources relative to a reference year defined as calendar year 2022, and must report on their progress.
Effectively putting the case to rest, FHWA under President Donald Trump asked the court to postpone oral arguments set for Wednesday, Feb. 5 and to put the appeal on hold as it reevaluates the situation. The Jan. 24 request was in response to a Trump executive order that revoked dozens of former President Joe Biden’s executive orders, including two related to the greenhouse gas measurement rule. A separate executive order directs agencies to review lawsuits related to energy policies and ask courts to delay litigation.
Initially, the plaintiffs in the case – 21 states with Republican attorneys general – opposed the delay, claiming withdrawing executive orders does not take the greenhouse gas measurement rule off the books.
“The States appreciate that the FHWA’s position cannot be changed on a dime,” the states note in court documents. “New leadership is entitled to take the time necessary to review the agency’s pending business and make decisions about its priorities going forward. In many cases, such as where oral argument is not quickly approaching, the States would have readily consented to a stay. But at this late point in the litigation, the States maintain that it is best to let the case proceed to argument.”
On Jan. 28, the Sixth Circuit denied FHWA’s request to delay the case. The next day, DOT Secretary Sean Duffy signed off on a notice of proposed rulemaking to rescind the greenhouse gas measurement rule. FHWA then moved to have its appeal dismissed entirely. This time, the coalition of states were on board.
“The States are encouraged by FHWA’s change in position,” plaintiffs state in court documents. “Dismissal of this appeal leaves in place the district court’s judgment, supported by its thorough opinion. It confirms that the States will not be subject to this unlawful rule regardless of whether this appeal is withdrawn. And it is therefore an important victory for the States and the rule of law.”
Although plaintiff states scored a victory at the district court level, they will not receive circuit court precedent on the issue. In the event the greenhouse gas measurement rule is resurrected a second time, a different district court could reach a different conclusion.
A similar case in the Fifth Circuit is still pending. FHWA has moved to voluntarily dismiss its appeal in that case. As of Wednesday, Feb. 5, the court had not ruled on that request.
This is Trump’s second time rescinding the greenhouse gas measurement rule.
In 2017, former President Barack Obama issued a similar rule just days before Trump took office. Trump rescinded the rule, finding the previous administration exceeded its authority. However, the Biden administration resurrected the rule in 2022, setting the stage for déjà vu after Trump was reelected.
The trucking industry has opposed the greenhouse gas measurement rule. In February 2024, a group of 40 stakeholders representing a variety of industries, including the Owner-Operator Independent Drivers Association, issued a letter to Congress to express opposition to the rule. Soon after, Republicans introduced a Congressional Review Act joint resolution of disapproval to overturn it.
“OOIDA and the hundreds of thousands of small-business truckers across America we represent support the return of commonsense to regulations,” OOIDA President Todd Spencer said. “FHWA can best improve highway safety by focusing on priorities like expanding truck parking capacity and mitigating congestion rather than forcing states to calculate radical emissions performance measures.” LL
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