Alaska and 20 other states sue Biden over unlawful climate rules for highways

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Alaska Attorney General Treg Taylor and his counterparts in 20 other states are suing the Biden Administration over new highway emissions rules requiring state transportation departments to set and meet reduction targets for carbon dioxide — and to report their results to the federal government.

The Federal Highway Administration rule, effective Jan. 8, is part of President Joe Biden’s climate change regime.

Atmospheric CO2 is the primary carbon source and is a building block for life on the planet. An over abundance of it can act as a greenhouse by absorbing infrared radiation and holding warmth.

Congress has not given the federal government authority to regulate greenhouse gas emissions, the complaint says.

Although the new rule “certainly follows President Biden’s policy wishes … the Agencies simply do not have the authority to issue it. Congress has not given FHWA or U.S. DOT authority to regulate greenhouse gas emissions (‘GHG’). Nor can the Agencies compel the State to administer a federal regulatory program or mandate them to further Executive policy wishes absent some other authority to do so—which is lacking as to this rule. Furthermore, the Final Rule is arbitrary and capricious,” the complaint reads.

States suing Biden are Kentucky, South Dakota, Alabama, Alaska, Arkansas, Florida, Idaho, Indiana, Iowa, Kansas, Mississippi, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, Utah, Virginia, West Virginia, and Wyoming.

The complaint was filed in the U.S. District Court for the Western district of Kentucky, and asks the court to vacate the rule and bloc its enforcement.

25 COMMENTS

  1. It’s interesting how the left complains about tyrants and dictators when the closest thing we have to conservatives are in power.

    They make a special fuss over due process, the role of Congress and the judiciary, all that fun stuff.

    Which completely disappears when the left has control of the White House.

  2. The states simply need to defy this capricious and destruction mandate from the Usurper China Joe PotatoHead regime, just as that regime routinely defies court rulings, the law and the US Constitution. Call their bluff already!

    We have a federal government of no legitimacy.

    • And then FHWA will quit providing funds and that’ll be the death of highway expansion and maintenance since the governor is going to spend the reserves giving everyone their socialist fix. Brilliant move by the administration—waste more money keeping the attorneys in their income while they lose another fight. Pathetic ideologues being awful stewards of our tax dollars.

      • Hang on there a minute, Larsan.
        When Trump or even Bush were in office the cry of “he is destroying our democracy” and “the rule of law is paramount” was all we heard. Yet I recall a different guy in the White House bemoaning the fact that congress didn’t act. But hey not to worry “I have a pen and a phone!”
        Biden not only takes that to a whole other level, canceling debt, making rules that change the country and reneging on leases and agreements already in LAW, but he gets away with it because it fits an agenda. The rule of law and our separation of powers is what makes this country great and gives all a voice. However the climate fanatic ideologues and their “I’ll just write an executive order” leader are turning us into a tyrannical state, where law and order only applies to some and the rules are flexible for others. It is time the states stand up and say: ” YOU have no authority for this”! In my opinion money well spent!

      • More proof our education system is trash. The inability (unwillingness) to understand the difference between dividends and giveaways.

    • It’s an interesting conundrum, isn’t it? The goal is effective actions at the government level to facilitate pro-active measures for ethically reducing greenhouse gases. Folks point out that these issues are not being initiated as part of the work of Congress at present.

      • The interesting thing, actually, is how climate alarmists and their flock of sheep-like followers have simply declared that a manmade climate crisis exists and have now moved into imposing standard of living destroying edicts on everyone as if human caused climate change is settled science. It’s a theory, a flawed theory, that completely ignores a few billion years of evidence that the climate is in constant flux. Unfortunately humans haven’t been around long enough…and don’t individually live long enough…to actually witness it. Climate change is real, the evidence proves it, but human caused climate change is a politically motivated theory being pushed for reasons other than “saving the planet.”

      • Mrs N, Greenhouse Gas? Does that include CO2? 🤔 isn’t CO2 the currency of life on this planet?
        Things to consider…

  3. I am sick of Biden Mob illegal got and game. I disappointed in Cogress for not acting in removing the President from Office. The 25th AMENDENT SECTON 4 which reads. This possible could rid us of Dementia Joe quicker than a impeachment process.
    Section 4

    Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.

    • Providing he or she meets the minimum qualifications for the position and they are not identical qualifications for president or vice president as you know since you went to school. Yes, they have different minimum qualifications. One may, arguably, meet minimum qualifications for one position (vice president) become so elected but then, notably, not meet minimum qualifications for actually serving as president and not serve should that situation present.

    • Greg, while there are many abhorrent actions taken by this President worthy of his immediate expulsion, ( the taking of bribes from foreign powers being but one), none however rise to the level of his management of our Border.
      Impeachment should begin and end upon that issue alone.

  4. No need to sue. The Supreme Court has already ruled that the EPA has no authority to issue this regulation. Just ignore the regulation. Make Biden sue the states.

    • One might think the AGs of all those states would have appraised their governors of that fact and not wasted legal resources and money, except … .

  5. The moonshiners of the future will deal in fuel to keep our older vehicles running. Methanol is cheap to produce from the human waste that is overwhelming our landfills. But not so good to drink. A win-win. Maybe the Peltola plan for reinstatement of the buffalo herds will help. Buffalo chips are a great clean burning fuel and their meat is tasty as well. Merry Holiday.

  6. The states need to just ignore the federal mandates and if they want to go to court go to court tie up in the courts and then still ignore him. Yes the federal dollars will go away but do we want to be slaves or free?

  7. Very strategic. Protect our first right on this continent. The right to travel on the King’s Highway and the right of locomotion and the state of Alaska’s right to weights and measures over all roads including rail roads aka public rights of way. Also, a human right to movement our first God-given right before we were even born.

  8. God created the earth to be inhabited. And it is inhabited. The plants and bushes love the carbon emissions. That’s why even AK with no roads has to put money in our budgets to whack back the vegetation which immediately regrows because of loving and needing the carbon. This is what we see and pay for with our own eyes. Could the greenie thing be a formal propaganda we export worldwide? I heard Mr. Musk say this yesterday to the Romans. Some goons did not look happy about such a characterization.

  9. They want to reduce CO2 emissions, yet we have open borders with millions streaming through. Breathing in oxygen and exhaling CO2 (and other gasses as well). Go figure.

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