Federal Judge Deals Painful Blow to Biden Over 'Unauthorized' Move
A U.S. District Court Judge appointed by former President Donald Trump, James Wesley Hendrix, has ruled that the Biden administration exceeded its authority in implementing a 2023 rule that mandated states to monitor greenhouse gas emissions.
According to Fox News, Judge Hendrix's ruling invalidates a rule that required states to track emissions from vehicles using the U.S. highway system and establish targets for reducing carbon dioxide emissions.
In his ruling, Hendrix stated, “A federal administrative agency cannot act without congressional authorization,” and he concluded that “the rule was unauthorized.”
However, Hendrix temporarily suspended the implementation of his ruling to allow the Biden administration to appeal.
The rule, issued in December by the Federal Highway Administration under the Department of Transportation, aimed to offer states a structured approach to monitor carbon pollution and set their own climate goals, as mentioned by Transportation Secretary Pete Buttigieg.
Texas Attorney General Ken Paxton criticized the rule as “unlawful climate mandates.”
Another lawsuit challenging the regulation was filed by a group of 21 states in Kentucky in December, and that case is still pending.
The rule formed part of the Biden administration's strategy to achieve “net zero emissions” by 2050, as reported by KIAH-TV.
Judge Hendrix acknowledged that striking down the rule was a drastic measure but noted that it would have minimal impact since the first reporting deadline under the rule was March 29.
He emphasized that regardless of the rule's intentions, the Biden administration did not follow the correct procedure.
Hendrix highlighted, “If the people, through Congress, believe that the states should spend the time and money necessary to measure and report GHG emissions and set declining emission targets, they may do so by amending Section 150 or passing a new law.”
He added, “But an agency cannot make this decision for the people.”
Hendrix's ruling emphasized that the Department of Transportation (DOT) exceeded its authority by enacting the 2023 Rule, as the law's language and related provisions did not authorize such actions.
He pointed out that Congress specifically excluded other environmental objectives when developing rules for highway aid to the states, which further indicates that the DOT's broad interpretation of “performance” was unauthorized.
In conclusion, Hendrix stated, “[T]he Court concludes that the DOT’s GHG emission measure is unauthorized by the statute,” using the acronym for greenhouse gases.