• [Biden loses agin...] Federal court strikes down Biden's climate rule f

    From Leroy N. Soetoro@21:1/5 to All on Sun Apr 7 19:56:18 2024
    XPost: talk.politics.guns, law.court.federal, talk.environment
    XPost: alt.fan.rush-limbaugh, sac.politics

    https://www.foxnews.com/politics/federal-court-strikes-down-bidens- climate-rule-for-states

    A federal district court has overturned the Biden administration's climate
    rule that required states to track and set reduction goals for greenhouse
    gas emissions from vehicles on highways.

    In a sweeping judgment late Monday, Judge Benjamin Beaton of the U.S.
    District Court for the Western District of Kentucky ordered the Federal
    Highway Administration to stand down on the rules, which the agency
    finalized in November. The ruling represents a major victory for the State
    of Kentucky, which challenged the regulations alongside 21 other states.

    "President Biden’s radical environmental agenda has lost touch with
    reality, and Kentucky families, farmers and workers are paying the price," Republican state Attorney General Russell Coleman said on Tuesday. "Like
    all Americans, Kentuckians love our trucks, cars and vans. With this
    victory in court, we’re slamming the brakes on the Biden administration’s politics that make no sense in the commonwealth."

    Kentucky filed the lawsuit in December, one month after the FHWA finalized
    the regulations. According to the lawsuit, the FHWA overstepped its legal authority in attempting to regulate vehicle emissions since it attempted
    to force states to implement federal regulations.

    FEDERAL APPEALS COURT BLOWS UP BIDEN'S CARBON EMISSIONS DISCLOSURE RULE

    Beaton agreed in his ruling, declaring that the regulations exceed the
    FHWA's statutory authority and are "arbitrary and capricious." Instead of granting plaintiff states' motion for preliminary injunction – which would
    have blocked the rule during litigation – he granted their motion for
    summary judgment, vacating the rule immediately.

    "If Congress did purport to give the Administrator authority to set state policy, that would raise a different and arguably bigger problem," Beaton
    wrote in his ruling. "Modern constitutional doctrine allows Congress to
    demand much from states, but it cannot commandeer or coerce the apparatus
    of state governments into mere administrative districts of the federal government."

    "If the Administrator were allowed to shove national greenhouse-gas policy
    into the mouths of uncooperative state Departments of Transportation, this would corrupt the separation of sovereigns central to our lasting and
    vibrant system of federalism," he continued. "Neither the Constitution nor
    the Administrative Procedure Act authorizes administrative ventriloquism."

    BIDEN-APPOINTED JUDGE DELIVERS BLOW TO CLIMATE LAWSUIT TARGETING GAS
    STOVES

    After FHWA finalized the rules on Nov. 22, the agency said the action
    supports President Biden’s "whole-of-government approach" of reducing
    carbon emissions by 50% by 2030. Transportation Secretary Pete Buttigieg
    said at the time that the regulations provide states with the flexibility
    to set their own climate targets.

    But the 22 states that challenged the action in court, in addition to
    industry groups such as the American Road & Transportation Builders Association, argued the regulations did the opposite, restricting state
    efforts and mandating they conform with federal efforts.

    In addition, the ruling Monday comes shortly after a federal court in
    Texas similarly struck down the regulations. In that case, Texas had filed
    a lawsuit as the sole plaintiff.

    "The Department of Transportation and Federal Highway Administration
    remain committed to supporting the Biden-Harris administration’s climate
    goals of cutting carbon pollution in half by 2030 and achieving net-zero emissions by 2050," an FHWA spokesperson told Fox News Digital. "We are reviewing the court’s decision and determining next steps."


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