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The Climate Litigation Database

Kentucky v. Federal Highway Administration

Geography
Year
2023
Document Type
Litigation
Part of

About this case

Filing year
2023
Status
Defendant-appellant Federal Highway Administration's motion to dismiss appeal with prejudice granted.
Docket number
24-5532
Court/admin entity
United StatesUnited States Federal CourtsUnited States Court of Appeals for the Sixth Circuit (6th Cir.)
Case category
Federal Statutory Claims (US)Other Statutes and Regulations (US)
Principal law
United StatesAdministrative Procedure Act (APA)United StatesFixing America’s Surface Transportation Act (FAST Act)United StatesInfrastructure Investment and Jobs Act (IIJA)United StatesMoving Ahead for Progress in the 21st Century Act (MAP-21)United StatesNational Highways System Designation ActUnited StatesSpending Clause
At issue
Challenge to the National Highway System regulation requiring states to establish declining targets for carbon dioxide emissions from on-road mobile sources.
Topics
, ,

Documents

Filing Date
Document
Type
Topics 
Beta
02/03/2025
Defendant-appellant Federal Highway Administration's motion to dismiss appeal with prejudice granted.
Decision
01/31/2025
Motion for voluntary dismissal of appeal filed.
The Federal Highway Administration informed the court that it no longer wished to pursue appellate review of the district court's decision.
Motion
01/28/2025
Defendants-appellants' motion to postpone the oral argument denied.
The Sixth Circuit Court of Appeals denied the Trump administration’s motion to postpone the oral argument scheduled for February 5, 2025 in the Federal Highway Administration (FHWA) and other defendants’ appeal of an April 2024 district court ruling that the FHWA exceeded its statutory authority and acted arbitrarily and capriciously when it adopted a regulation requiring states to establish declining targets for carbon dioxide emissions from on-road mobile sources. The defendants requested that the oral argument be postponed and the case held in abeyance to allow the agencies “to become familiar with the final rule and the issues presented by this litigation and to determine how they wish to proceed.”
Decision
01/24/2025
Motion to postpone oral argument and hold appeal in abeyance filed by defendants-appellants.
Motion
10/07/2024
Brief filed by amici curiae U.S. Senators and U.S. Representatives in support of the state appellees.
Amicus Motion/Brief
10/07/2024
Brief filed by amici curiae American Road and Transportation Builders Association and Associated General Contractors of America, Inc. in support of plaintiffs-appellees.
Amicus Motion/Brief

Summary

Challenge to the National Highway System regulation requiring states to establish declining targets for carbon dioxide emissions from on-road mobile sources.

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Group
Topics
Target
Policy instrument
Risk
Just transition
Renewable energy
Fossil fuel
Greenhouse gas
Economic sector
Adaptation/resilience
Finance