Joe Biden has a very aggressive climate agenda, as I am sure you are aware, and that agenda continues to meet challenges in federal court based on overreach.
The latest defeat from Biden on this front happened on Monday, when a federal judge blocked a new rule regarding states monitoring greenhouse gas emissions.
Talking Points…
- Biden's new emissions rule
- Federal court blocks the rule
- Analysis
Last year, the EPA created new rules for greenhouse gas emissions. There was pushback at the time, as the new rules would require states to monitor greenhouse gas emissions for vehicles operating in their states and report those numbers back to the federal government. The EPA had issued new rules for passenger vehicles, light trucks, and heavy vehicles. The EPA has also introduced rules for particle pollution standards, all of which are being challenged.
In May, Kentucky announced that it was challenging the new EPA rules based on the fact it would significantly raise costs for local manufacturers, utilities, and families. Kentucky Attorney General Russell Coleman stated:
"The EPA's new rule has more to do with advancing President Biden's radical green agenda than protecting Kentuckians' health or the environment."
On Monday, it was announced that Judge Benjamin Beaton of the U.S. District Court for the Western District of Kentucky had ruled in favor of the states regarding the new emission guidelines for vehicles on highways. Beaton ordered the Federal Highway Administration to stand down regarding implementing the new rules. In his ruling, Beaton wrote:
"If Congress did purport to give the Administrator authority to set state policy, that would raise a different and arguably bigger problem. Modern constitutional doctrine allows Congress to demand much from states, but it cannot commandeer or coerce the apparatus of state governments into mere administrative districts of the federal government.
"If the Administrator were allowed to shove national greenhouse-gas policy into the mouths of uncooperative state Departments of Transportation, this would corrupt the separation of sovereigns central to our lasting and vibrant system of federalism. Neither the Constitution nor the Administrative Procedure Act authorizes administrative ventriloquism."
This was clearly a huge win for Kentucky and the nearly two dozen red states joining the lawsuit. AG Coleman commented on the ruling after it was handed down, stating:
"President Biden's radical environmental agenda has lost touch with reality, and Kentucky families, farmers and workers are paying the price.
"Like all Americans, Kentuckians love our trucks, cars and vans. With this victory in court, we're slamming the brakes on the Biden administration's politics that make no sense in the commonwealth."
This is now the second defeat for Biden on this front, as he recently also lost a case in Texas on the same matter, but Texas was the sole plaintiff in that case. The Federal Highway Administration responded:
"The Department of Transportation and Federal Highway Administration remain committed to supporting the Biden-Harris administration's climate goals of cutting carbon pollution in half by 2030 and achieving net-zero emissions by 2050.
"We are reviewing the court's decision and determining next steps."
The Biden administration has been overreaching since the very first day it took office regarding its power over states. Fortunately, the courts have blocked Biden, but don't expect him to give up this fight. Biden wants to make his mark as president with his climate change agenda, and he knows his legacy will be non-existent if he does not manage to get these rules in place before he leaves office.
