On Friday, The Epoch Times reported that a Texas judge has struck down a regulation that was issued by the U.S. Department of Transportation (DOT)’s Federal Highway Administration (FHWA) in 2023.
The article reports:
Specifically, it required state transportation departments and metropolitan planning organizations (MPOs) to both measure their transportation-related emissions on the U.S. highway system and set their own emission reduction targets.
Additionally, the measure required state DOTs and MPOs to report biennially on their progress in meeting the declining targets. FHWA would also assess the state’s progress toward achieving those targets, according to the rule.
Texas sued the DOT in December, arguing the agency lacked legal authority from Congress to enact the rule, and that it violates the Administrative Procedure Act.
In his ruling, Judge James Hendrix of the U.S. District Court for the Northern District of Texas agreed, stating that the Biden administration lacked authority under law to impose the greenhouse gas emissions performance measure.
“When a regulation attempts to override statutory text, the regulation loses every time, regulations can’t punch holes in the rules Congress has laid down,” the judge wrote, citing a previous case, Djie v. Garland.
The article concludes:
In finalizing the rule in December last year, Transportation Secretary Pete Buttigieg said the performance measure would provide states with a “clear and consistent framework to track carbon pollution and the flexibility to set their own climate targets.” Officials also said transportation is the leading source of greenhouse gas emissions in the United States.
A spokesperson for the highway administration, which is part of the Transportation Department, told The Epoch Times in an emailed statement: “ The Department of Transportation (DOT) and Federal Highway Administration (FHWA) remain committed to supporting the Biden-Harris Administration’s climate goals of cutting carbon pollution in half by 2030 and achieving net-zero emissions by 2050.”
“We are reviewing the Texas court’s decision and determining next steps,” the spokesperson added.
When are we going to go back to the time that the people who were elected to make the laws made the laws. We are being governed by a bunch of unelected bureaucrats, and that is not what our Founding Fathers designed. It’s time for Congress to read the Constitution and take their responsibilities seriously.