Dear Friends,
I have exciting news to share with you. Working closely with my counterpart in Kentucky, we handed a significant defeat to the Biden Administration and their extremist environmental agenda through a lawsuit we filed at the end of last year. The suit was decided last week in a Kentucky district court and the judge ruled completely in our favor.
Last year, the Federal Highway Administration (FHWA) issued rules to states receiving FHWA funds to reduce their “tailpipe emissions.” This was done to ultimately eliminate gas-powered vehicle travel and meet random environmental standards pushed by the White House. We immediately sued in court, stating the FHWA was far exceeding its authority and making policies that were not approved by Congress, and the Administration had circumvented the Constitution and the sovereignty of states.
In what has become a disappointingly common theme with the Biden Administration, rulemaking and executive orders have been used to expand the scope and authority of agencies to bypass Congress with a radical policy agenda. Urged on by the White House, these agencies are making de facto laws without oversight and approval, and we are aggressively fighting this lawlessness at every turn.
Idaho is one of the fastest growing states in the nation and our state is investing billions of dollars in critical infrastructure, including over 700 projects that expand or improve the national highway system – bridges, roads, freeways, interchanges, expansions, etc. Idaho citizens and businesses depend on effective and efficient surface transportation. The federal government demanding a reduction in vehicle miles traveled is ridiculous. States simply cannot be forced to implement the policy whims of the federal government, and the Constitution is quite clear about this.
Thankfully, the district court saw this move for exactly what it was. The FHWA emissions rule was struck down in its entirety. The court even called the rule, “arbitrary and capricious.” Multiple states who supported our lawsuit commented that the FHWA rule would have caused the elimination of future economic development and essential job-creating projects.
Idaho needs to be free to make its own decisions – whether it’s for highway investments or anything else that’s under a state’s constitutional authority. Being subjected to unlawful and costly regulation undermines the success of every state.
Fortunately, there are other attorneys general across the country that also respect state sovereignty. Working tirelessly together, we have been able to make a significant difference on policy issues in our nation. But we couldn’t do any of it without your support, encouragement, and most importantly, your voice.
