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U.S. District Court Declares Federal Highway Administration Rule to be ‘Arbitrary and Capricious’

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Following an order by the U.S. District Court for the Western District of Kentucky, Attorney General Tim Griffin issued the following statement praising the court’s order, which declared unlawful a final rule of the Federal Highway Administration that would require states to set declining targets for tailpipe CO2 emissions from vehicles on the National Highway System. Griffin was one of 21 attorneys general to join the lawsuit that challenged the rule.

“The Federal Highway Administration should be helping states maintain and update our highways, not pushing President Biden’s climate activism. Unfortunately, it took a multistate lawsuit and a federal court order to remind them of that. I’m pleased with our victory.”

In its ruling, the court held that the federal rule exceeded the FHA’s statutory authority and was “arbitrary and capricious.”

The multistate lawsuit was led by Kentucky and South Dakota, and joining Arkansas on the lawsuit was also Alabama, Alaska, Florida, Idaho, Indiana, Iowa, Kansas, Mississippi, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, Utah, Virginia, West Virginia and Wyoming.

Heather Pedersen

Heather Pedersen (92)

“Love is never wasted, for its value does not rest upon reciprocity.” -C.S. Lewis

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