Montgomery, AL – Alabama Attorney General Steve Marshall has announced the resolution of a legal challenge against the Federal Highway Administration’s (FHWA) emissions regulations. The FHWA rule, which required states to establish and meet declining emissions targets for vehicles on federal interstates and highways, was struck down in federal court, marking a significant development in state-federal regulatory policy.
In 2023, Alabama joined a coalition of 21 states, led by Kentucky, in challenging the FHWA regulation. Opponents of the rule argued that it imposed undue financial and administrative burdens on states, estimating compliance costs at over $600,000 per state, requiring extensive manpower to implement initial emissions targets. Supporters of the regulation contended that it was a necessary step in addressing vehicle emissions and promoting environmental sustainability.
In April 2024, a federal judge in the U.S. District Court for the Western District of Kentucky ruled that the FHWA regulation was unlawful. The Biden Administration appealed the decision to the U.S. Court of Appeals for the Sixth Circuit. However, following the transition to the Trump Administration, the FHWA voluntarily dismissed the appeal, allowing the district court’s ruling to stand.
Attorney General Marshall praised the outcome, stating that the decision reaffirms states’ authority over transportation policy. “The people of Alabama—and Americans across the country—have the right to choose the vehicles that best suit their needs, free from the heavy hand of Washington bureaucrats,” Marshall said. “This ruling ensures that states, not the federal government, remain in control when it comes to transportation decisions.”
The FHWA lawsuit saw participation from attorneys general representing 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 decision is expected to have broader implications for federal regulatory authority over state transportation policies and emissions standards.
