Biden Administration’s Climate Rule Rejected as Court Dismisses Appeal
The Federal Highway Administration enacted the regulation in 2023.
A climate regulation introduced during the Biden administration has been officially rescinded after judges granted the new administration’s request to withdraw an appeal on Feb. 3.
The judges referenced a court rule permitting appealing parties to voluntarily withdraw appeals, provided it does not result in injustice or unfairness. The states that contested the regulation did not argue against the dismissal.
“Congress provided clear and sensible direction: the Administrator may establish standards and measures that states utilize to plan and evaluate the National Highway System. The Administrator, who possesses substantial delegated authority over the federal funding program, can review state planning reports for compliance and may even withhold conditional federal funds,” the judge articulated at the time.
“However, the Administrator cannot assume the responsibilities of sovereign states, which set their own targets for any standards and measures established by the agency.”
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The government filed an appeal in an attempt to overturn the ruling.
Before the Sixth Circuit could make a decision on the case, however, President Joe Biden departed from the White House, and Donald Trump assumed the presidency.
The states involved in the lawsuit, which included Indiana and Kentucky, expressed to the court that they did not object to the request for dismissal.
U.S. lawmakers who had submitted a brief opposing the regulation celebrated the dismissal.
Sen. Shelley Moore Capito (R-W.Va.) added, “The decision from President Trump’s FHWA to conclude the previous administration’s endeavor to uphold this unlawful regulation is a crucial step in reversing the extreme climate agenda of the past four years, and I’m delighted that the court has now officially dismissed the appeal.”
