Trump administration repeals Biden-era vehicle emission rule

In its first completed deregulatory move under President Donald Trump, the U.S. Department of Transportation rolled back a Biden-era regulation establishing vehicle-related greenhouse gas emission measurements.

On Friday, April 18, the Federal Highway Administration published a final rule repealing a greenhouse gas measurement regulation that began in former President Barack Obama’s final days in office, was repealed during Trump’s first term and then was resurrected by former President Joe Biden’s administration. This second repeal acts as a formality after two federal courts have already struck the rule down.

“Under President Trump’s leadership, we are going to build great, big, beautiful things again,” Transportation Secretary Sean Duffy said in a statement. “I slashed this ridiculous climate requirement to ensure no radical political agenda gets in the way of revitalizing America’s highways.”

The greenhouse gas measurement rule required MPOs and state DOTs to establish declining carbon dioxide targets. They were to report on progress toward the achievement of those targets. The final rule only established a framework for measurement; it did not mandate how low greenhouse gas emission targets must be.

Specifically, state DOTs and metropolitan planning organizations with National Highway System mileage within their geographic boundaries were required to establish declining targets for reducing CO2 emission generated by on-road mobile sources relative to a reference year defined as calendar year 2022, and to report on their progress.

The trucking industry has opposed the greenhouse gas measurement rule. In February 2024, a group of 40 stakeholders representing a variety of industries, including the Owner-Operator Independent Drivers Association, issued a letter to Congress members and authorizing committees to express opposition to the rule.

“OOIDA and the hundreds of thousands of small-business truckers across America we represent support the return of common sense to regulations,” OOIDA President Todd Spencer said. “FHWA can best improve highway safety by focusing on priorities like expanding truck parking capacity and mitigating congestion rather than forcing states to calculate radical emissions performance measures.”

FHWA established a similar greenhouse gas measurement rule in January 2017, but it never went into force, as it was rescinded by the agency during Trump’s first term. In 2022, FHWA under Biden resurrected the rule, which was immediately met with legal challenges.

At least two lawsuits set out to undo the greenhouse gas measurement rule: one filed by the state of Texas and another filed by a coalition of other Republican-controlled states. Judges in both cases ruled in favor of the states last year, effectively stopping the rule. Although the federal government appealed the rulings while Biden was in office, FHWA under Trump dropped its challenge in February.

Although two courts invalidated the greenhouse gas measurement rule, FHWA’s final rule reversing the requirements officially strikes the regulation from the record. The rescission goes into effect May 19. LL