Graves satisfied with Texas ruling striking down Biden’s GHG emissions measure for states

U.S. House Transportation and Infrastructure Committee Chairman Sam Graves (R-MO) applauded recent court action in Texas that determined the Biden administration exceeded its statutory authority by imposing a greenhouse gas (GHG) emissions performance measure upon states.

“This was a clear case of blatant overreach by the Biden administration from the beginning, and we commend the court for its ruling that a ‘federal administrative agency cannot act without congressional authorization,’” said Rep. Graves in a joint statement released on March 28 with U.S. Rep. Rick Crawford (R-AR).

Specifically, the U.S. District Court for the Northern District of Texas last week vacated the U.S. Department of Transportation’s (DOT’s) GHG performance measure for states and regional planners, agreeing with opponents that the measure is “unauthorized by the statute.”

The ruling strikes down the climate rule adopted by the Biden administration requiring states to measure and set declining targets for GHG emissions from vehicles using the national highway system. Texas in December 2023 had sued DOT, arguing the agency lacked legal authority to enact the rule. A separate lawsuit was filed by 21 other states.

At the time of its adoption, U.S. Transportation Secretary Pete Buttigieg said the “new performance measure will provide states with a clear and consistent framework to track carbon pollution and the flexibility to set their own climate targets.”

But according to the March 27 opinion from Texas District Court Judge James Wesley Hendrix, who was previously appointed by former president Donald Trump, “administrative agencies may only do what Congress authorizes them to do.”

“Congress rejected the inclusion of a GHG performance measure requirement when the infrastructure law was developed, making the administration’s rulemaking an unlawful attempt to circumvent Congress and force this one-size-fits-all burden upon every state and community across the country,” said Rep. Graves and his colleagues. “We appreciate the ruling and remain committed to ensuring the administration does not exceed its authority.”