On Thursday, 21 states led by Kentucky Attorney General Daniel Cameron joined forces to challenge a new rule from the Biden administration that would mandate emission standards for states and require them to report back on their progress.
The rule, proposed by the Department of Transportation and the Federal Highway Administration (FHWA), would require state departments of transportation to establish goals to reduce carbon dioxide (CO2) emissions. However, the attorneys general argue that this rule is unconstitutional and would harm rural areas where driving is essential.
Cameron stated, “President Biden is unconstitutionally forcing his radical climate agenda through administrative agencies that lack the authority of Congress to implement such actions. We will not stand by while this administration attempts to bypass the legislative process.”
The rule, which is scheduled to take effect on January 8, would require state DOTs and metropolitan planning organizations to set declining CO2 targets and report on progress towards achieving those targets. However, the rule does not specify how low the targets must be.
Furthermore, the FHWA would have the authority to assess whether state DOTs have made significant progress towards reaching their emission targets. This level of federal oversight has raised concerns among the attorneys general, who believe it encroaches on the rights of the states.
The joint complaint filed in the U.S. District Court for the Western District of Kentucky argues that the FHWA and DOT do not have the authority to regulate greenhouse gas emissions. They also question whether the agencies can compel states to administer a federal regulatory program or enforce executive policy without proper legal authorization.
A 21-state coalition led by Republican attorneys general is suing the Biden administration over its new climate rule, which mandates that states with federal interstates and highways must adopt stringent carbon dioxide emissions standards. https://t.co/0pl7Y7UtWE
— NEWSMAX (@NEWSMAX) December 24, 2023
The complaint named President Joe Biden, Transportation Secretary Pete Buttigieg, and FHWA Administrator Shailen Bhatt as defendants. It asserts that the rule is unconstitutional and violates the principles of federalism.
Moreover, Montana Attorney General Austin Knudsen emphasized that this rule is another attempt by the Biden administration to push its “radical green agenda” onto American citizens.
Knudsen stated, “This rule is another unlawful and overreaching regulation by the Biden administration to force the President’s radical green agenda onto Americans, regardless of the costs. This one-size-fits-all approach might work for the Washington, DC bureaucrats who cooked it up, but it won’t work for Montana.”
Other attorneys general also expressed their concerns about the potential consequences of this rule. Alabama Attorney General Steve Marshall argued that the rule goes beyond the federal government’s authority and infringes on the states’ rights.
“The Biden administration’s attempt to regulate and enforce its climate agenda through administrative agencies without proper legal authority is an overreach that threatens to diminish the rights of states and their citizens,” Marshall said.
In conclusion, the challenge to this new rule shows the division between the Biden administration’s aggressive climate change agenda and the states’ rights to make their own decisions. It remains to be seen how the legal battle will unfold, but it is evident that this issue will continue to spark heated debates and polarizing opinions.