DOJ Defends DOT Highway GHG Rule, Disputes States’ Standing To Sue

February 27, 2024
The Department of Justice (DOJ) is rebuffing GOP states’ claims that the Transportation Department’s (DOT) rule requiring state and regional planners to set targets for curbing highway-related greenhouse gases exceeds the agency’s authority, with DOJ also contending that the case should be dismissed because the states lack standing to sue. The pitch comes in a Feb. 23 motion in Commonwealth of Kentucky, et al. v. Federal Highway Administration (FHWA) -- litigation in in the U.S. District Court for the...


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