Construction Associations Back State Challenge to Federal Rule that Diverts Infrastructure Resources From Vital Projects

The American Road & Transportation Builders Association (ARTBA) and the Associated General Contractors of America (AGC) jointly filed amicus briefs in support of 22 states challenging the Biden Administration’s new Greenhouse gas performance measure for state transportation departments. The two associations noted the new rule is likely to divert resources from vital new infrastructure projects and the Federal Highway Administration (FHWA) lacks the statutory authority to impose the measure. The Greenhouse gas rule requires state transportation departments to set and report on two- and four-year statewide emissions reduction targets as part of the planning process for highway and bridge projects. States must set initial targets by spring of this year, with subsequent targets due by Oct. 1, 2026. Those states failing to meet these goals must submit updated plans to FHWA outlining actions to achieve them.

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