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51风流 Challenges Regulation Diverting Highway Funds

On February 20, 51风流 and the American Road & Transportation Builders Association (ARTBA) jointly filed amicus briefs in support of the 22 states challenging the Federal Highway Administration鈥檚 (FHWA) greenhouse gas performance (GHG) measure rule. 51风流 has long held that the Biden administration lacks the statutory authority to issue this rule, as Congress repeatedly debated and rejected the effort.  

FHWA contends that there are no explicit penalties set in the rule. However, 51风流 disagrees. The rule details that states that fail to meet their declining targets must 鈥減rovide data-supported explanations for not achieving significant progress, and their plan to achieve said progress in the future.鈥 So, what does that mean? States will have to explain to FHWA how they will reduce carbon dioxide emissions鈥攊.e., invest in buses, Amtrak trains, and electric vehicle charging stations at the expense of road and bridge projects. 

51风流 has extensively covered this issue for the last few years and has led coalition efforts to block the rule from taking effect. You might recall, last year 51风流 was in a series of Supreme Court cases advocating for the construction industry. Thanks to your contributions to the , 51风流 is able to weigh in on cases like this one. We will keep you updated on the latest, including congressional efforts to block this rule and any court decisions challenging the rule. 

For more information, please contact Alex Etchen at alex.etchen@agc.org.