LAW: FHWA reinstates transportation clean air rule

Sept. 26, 2017

The reinstatement comes after a lawsuit against the agency from environmental groups claimed the suspension of the rule was illegal

The Federal Highway Administration (FHWA) responded yesterday to a lawsuit brought by environmental groups by reinstating a federal requirement that state and local planners track and curb carbon pollution from cars and trucks on the national highways.

On July 31, the Natural Resources Defense Council (NRDC), U.S. PIRG, and the Southern Environmental Law Center on behalf of Clean Air Carolina, sued the FHWA for what the suit claimed was an illegal suspension of the federal transportation greenhouse gas rule advanced by the FHWA under the Obama administration.

In its notice, the FHWA also signaled its intent to start new rulemaking this year to be finalized in the spring of 2018. Under this rulemaking FHWA seeks to repeal the rule through proper, legal procedures.

The rulemaking process includes an opportunity for public notice and comment. Environmental groups plan to play a major part in the rulemaking, including opposing any permanent repeal effort.


Source: U.S. PIRG / NRDC