States Challenge FHWA’s Emission Performance Measures

Performance measures related to emissions continue to generate debate, controversy, and legal conflicts with the Biden administration. A few months ago, it was revealed that several states were preparing a lawsuit to challenge the established provisions. Both state transportation departments and metropolitan planning organizations joined forces to have the attorneys general of 21 states file a direct lawsuit against the Federal Highway Administration (FHWA), its administrator Shailen Bhatt, the U.S. Department of Transportation led by Pete Buttigieg, and President Joe Biden.

Amidst a growing debate, the recently implemented final rule by the FHWA adds an additional performance measure for greenhouse gas emissions to the existing national measures. This regulation urges state Departments of Transportation (DOT) and metropolitan planning organizations to set declining targets to reduce CO2 emissions from vehicles on the National Highway System. States argue that they lack the necessary authority to assess such emissions.

According to the rule, state DOTs and planning organizations must establish and report these objectives for the initial four-year period by February 1. While the rule does not specify the magnitude of the objectives, it provides flexibility for states to determine appropriate goals based on the needs and priorities of their communities regarding climate change and other policies. The FHWA will assess the states’ progress towards achieving these objectives.