Attorney General Ashley Moody and Governor Ron DeSantis of Florida have filed a lawsuit against the Biden administration's new rule that requires states with National Highway System mileage to set arbitrary emissions targets. The rule also mandates that states track and report progress towards these targets. The lawsuit argues that the U.S. Department of Transportation does not have the authority to regulate greenhouse gas emissions.
In a statement, Attorney General Moody expressed concern over the financial hardships this rule would impose on Florida and its residents, stating, "As if Biden's unfounded and reckless energy policies haven't devastated our economy enough, this new, foolhardy edict from the U.S. Department of Transportation will create even more financial hardships for our state and Floridians. We're taking action today to ensure that this misguided new-emissions rule does not stand."
Governor DeSantis echoed these sentiments, vowing to fight against what he sees as an unlawful effort by the federal government to control the American people. He stated, "Florida will not sit idly by while the Biden Administration tries to force the Green New Deal into existence through the U.S. Department of Transportation. Florida will always fight for freedom and against the federal government's unlawful efforts to control the American people."
The Florida Department of Transportation Secretary, Jared W. Perdue, P.E., also voiced concerns about the rule, stating that it was not reflective of a collaborative effort from states across the country. He emphasized that Florida proudly stands united with other states to safeguard the freedoms that the nation is known for.
The lawsuit, filed in federal court, asserts that the Federal Highway Administration of the U.S. Department of Transportation overstepped its legal authority. The coalition of attorneys general argues that Congress has not granted the FHWA or USDOT the authority to regulate greenhouse gas emissions. They also assert that the proposed measure violates the principles of federalism by requiring states to implement a federal regulatory program.
The attorneys general further highlight that FHWA had previously issued a similar rule, which was later repealed due to concerns that it duplicated existing efforts in some states and imposed unnecessary burdens. They argue that the Constitution protects states from being compelled to enact or administer a federal regulatory program.
In addition to Attorney General Moody, a coalition of 21 states, including Alabama, Alaska, Arkansas, Idaho, Indiana, Iowa, Kansas, Kentucky, Mississippi, Montana, Nebraska, North Dakota, Ohio, Oklahoma, Utah, Virginia, South Carolina, South Dakota, West Virginia, and Wyoming, have signed onto the complaint.
This lawsuit reflects Florida's commitment to push back against what it perceives as federal overreach and protect the interests of its residents.
To find out more, go to this link: https://www.myfloridalegal.com/newsrelease/attorney-general-moody-and-governor-desantis-challenge-biden-administration-rule