Texas Urges 5th Circuit To Uphold Vacatur Of DOT Highway GHG Measure

Texas is outlining its pitch for why the 5th Circuit should affirm a lower court ruling vacating the Department of Transportation’s (DOT) greenhouse gas performance measure for highway projects, claiming the lower court properly blocked a rule that exceeds DOT’s authority or is otherwise arbitrary. The arguments surface in a Nov. 1 brief in State of Texas v. DOT , one of two pending appeals by the federal government to district court rulings that either overturn the DOT regulation or...