Several States Sue Biden Admin. Over Emissions Regulations

A coalition of 21 states are suing the administration, alleging its policies to reduce greenhouse gas emissions are “unlawful and unconstitutional.” 

The suit, filed Dec. 21 in U.S. District Court for the Western District of Kentucky, is asking the court to invalidate the administration’s plans for emissions regulations, contending that only Congress has the authority. 

The specific rule at issue requires states to “take affirmative steps to set declining targets to reduce on-road CO2 emissions.” The lawsuit says states cannot be compelled “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.” 

According to court documents, the 21 states involved are Alabama, Alaska, Arkansas, Florida, Idaho, Indiana, Iowa, Kansas, Kentucky, Mississippi, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Utah, Virginia, West Virginia and Wyoming. 

The five defendants listed are the Federal Highway Administration (FHA), FHA Administrator Shailen Bhatt, the Transportation Department, Transportation Secretary Pete Buttigieg and President Biden. 

In the suit, the states ask the court to declare the administration’s rule unlawful, vacate it and issue injunctive relief, among other requests.