Description: Challenge to Federal Highway Administration's indefinite suspension of greenhouse gas performance measure for highway system.
Clean Air Carolina v. U.S. Department of Transportation
Filing Date Type File Action Taken Summary 07/31/2017 Complaint Download Complaint filed. Groups Challenged Suspension of Greenhouse Gas Performance Measure for Highway System. Three organizations filed a lawsuit alleging that the Federal Highway Administration (FHWA) violated the Administrative Procedure Act when it suspended a greenhouse gas performance measure for tracking and setting reduction targets for carbon dioxide emitted from on-road mobile sources on the national highway system. The plaintiffs alleged that FHWA had suspended the measure without notice and comment and lacked good cause to do so. The measure was included in a final rule published on January 18, 2017, which was to take effect on February 17, 2017. The final rule was subject to the regulatory freeze instituted by the Trump administration on January 20. Subsequently, FHWA twice suspended the entire rule—which contained provisions other than the greenhouse gas measure—for set periods of time. On May 29, 2017, FHWA published notice that it was suspending the effective date for the greenhouse gas measure indefinitely. The greenhouse gas measure was promulgated under the Moving Ahead for Progress in the 21st Century Act (MAP-21) and the Fixing America’s Surface Transportation Act (FAST Act).