Twenty-one states, led by Kentucky Attorney General Daniel Cameron, are challenging a new rule from the Biden administration that mandates states to create emission standards and report their progress to the federal government.
The rule, set to go into effect on January 8, requires state departments of transportation to establish declining CO2 targets and report on their progress.
Republican attorneys general argue that this rule is unconstitutional and would disproportionately harm rural areas. (Trending: Trans Athlete Breaks College Record After Joining Women’s Team)
They filed a joint complaint, stating that Congress has not given the Department of Transportation or Federal Highway Administration authority to regulate greenhouse gas emissions.
The complaint challenges President Biden, Transportation Secretary Pete Buttigieg, and others, asserting that the rule violates federalism principles.
“President Biden is unconstitutionally ramming his radical climate agenda through administrative agencies that lack Congressional authority to implement such actions,” Kentucky Attorney General Daniel Cameron said.
“We will not stand by while this administration attempts to circumvent the legislative process.”
The rule “requires State departments of transportation (State DOT) and metropolitan planning organizations (MPO) to establish declining carbon dioxide (CO2) targets for the GHG measure and report on progress toward the achievement of those targets. The rule does not mandate how low targets must be.”
“Congress has not given FHWA or DOT authority to regulate greenhouse gas emissions,” the complaint reads.
“Nor can the Agencies compel the States to administer a federal regulatory program or mandate them to further Executive policy wishes absent some other authority to do so — which is lacking as to this rule.”
“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,” Montana AG Austin Knudsen said.
“This one-size-fits-all approach might work for the Washington, DC bureaucrats who cooked it up, but it won’t work for Montana.”