A significant electric vehicle mandate from the Biden administration has received harsh criticism from a federal judge that former President Donald Trump appointed, calling it an “arbitrary and capricious” violation of the law and the constitution’s separation of powers.
A group of 21 states filed a lawsuit against the Federal Highway Administration (FHWA) over a rule that was finalized on the day before Thanksgiving in 2023. The rule required states to establish greenhouse gas reduction targets for federally funded roadway projects.
According to the opinion’s text, the U.S. District Court for the Western District of Kentucky supported the states by providing declaratory relief and finding that the FHWA exceeded its authority under the law. However, the court did not permanently prohibit enforcement of the rule or cancel it altogether.
“Even assuming Congress gave the Administrator authority to set environmental performance standards that embrace CO2, the Administrator exercised that authority in an arbitrary and capricious manner,” U.S. District Judge Benjamin Beaton wrote in his opinion.
