Texas Sues Biden Administration for Overreaching Transportation Emissions Rule

Texas Attorney General, Ken Paxton

AUSTIN (News Release) – Texas Attorney General Ken Paxton has filed a lawsuit challenging the Biden administration’s regulatory overreach, suing to stop the federal Department of Transportation’s unlawful new greenhouse gas reporting measure.

The new federal rule requires the Texas Department of Transportation (TxDOT) to establish a declining carbon dioxide target associated with transportation as a performance measure for the Interstate and National Highway System. The federal government claims this mandate is necessary to meet the Biden administration’s goal of reducing greenhouse gas emissions to reach net-zero across the economy by 2050. The rule also requires TxDOT to measure and report progress toward the achievement of those targets.

The Department of Transportation does not have the statutory authority to institute such a rule, and the mandate violates the Administrative Procedure Act. Further, the rule is arbitrary and capricious and violates the Spending Clause by impermissibly restricting the use of federal funds by requiring TxDOT to implement the greenhouse gas measure.

“This is yet another example of the Biden Administration sidestepping the Constitution to make sweeping, destructive policies without authorization,” said Attorney General Paxton. “When Biden unleashes unlawful climate mandates that hurt our country, Texas is here to stop him.”

To read the filing, click here.