Commonwealth of Kentucky v. Federal Highway Administration

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY PADUCAH DIVISION COMMONWEALTH OF KENTUCKY, ET AL. v. NO. 5:23-cv-162-BJB FEDERAL HIGHWAY ADMINISTRATION, ET AL. * * * * * OPINION & ORDER The Federal Highway Administrator has issued a rule requiring each state to set declining targets for tailpipe CO2 emissions from vehicles on the National Highway System. The purported basis for this rule is a statute authorizing the Administrator to “establish … measures for the States to use to assess … the performance of the National Highway System.” 23 U.S.C. § 150(c). Twenty-one states have sued…