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TEXAS v. UNITED STATES DEPT. OF TRANSPORTATION

No. 5:23-CV-304-H.

726 F.Supp.3d 695 (2024)

State of TEXAS, et al., Plaintiffs, v. UNITED STATES DEPARTMENT OF TRANSPORTATION, et al., Defendants.

United States District Court, N.D. Texas, Lubbock Division.

Signed March 27, 2024.

Attorney(s) appearing for the Case

Wesley Scott Williams, Office of the Attorney General of Texas, Environmental Protection Division, Austin, TX, Logan Harrell, Austin, TX, for Plaintiffs.

Michael Patrick Clendenen, U.S. Department of Justice, Washington, DC, for Defendants.

Matthew G. Sheridan, Baker Botts LLP, Houston, TX, Megan H. Berge, Pro Hac Vice, Baker Botts LLP, Washington, DC, for Amici American Road and Transportation Builders Association, Associated General Contractors of America, Inc.

MEMORANDUM OPINION AND ORDER

A federal administrative agency cannot act without congressional authorization. Here, the Federal Highway Administration created a rule requiring the states to measure, report, and set declining targets for the amount of carbon dioxide...

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