Texas Attorney General Ken Paxton has taken legal action against the Biden administration's latest environmental regulation. On Friday, Paxton filed a lawsuit challenging a new federal rule that mandates the Texas Department of Transportation (TxDOT) to set a decreasing carbon dioxide emission target for the Interstate and National Highway System, according to KXAN.
The rule, which also requires TxDOT to measure and regularly report on its progress toward these targets, is alleged to not have been lawfully established. According to a statement released by the Texas Attorney General, Paxton argues that the Department of Transportation lacks the statutory authority to enforce such a measure, which he says violates the Administrative Procedure Act. The AG's office further contends that the mandate is arbitrary and capricious and that it infringes upon the Spending Clause by improperly restricting federal funds.
Paxton has been vocal about his opposition to what he perceives as federal overreach, stating, "The mandate violates the Administrative Procedure Act. Further, the rule is arbitrary and capricious and violates the Spending Clause by impermissibly restricting the use of federal funds by requiring TxDOT to implement the greenhouse gas measure." This lawsuit is just the latest in a series of standoffs between Texas and the federal government over environmental regulations and states' rights.
The Biden administration believes the rule is necessary to reach its goal of net-zero greenhouse gas emissions by 2050. However, Paxton maintains that the administration is sidestepping constitutional protocols, alleging, "When Biden unleashes unlawful climate mandates that hurt our country, Texas is here to stop him," in a statement provided by the Texas Attorney General's office.
