A Texas judge ruled against the Biden administration in a lawsuit against a highway rule from the Department of Transportation. (Getty Images)
While issuing the rule three months ago, Transportation Secretary Pete Buttigieg said that it "will provide states with a clear and consistent framework to track carbon pollution and the flexibility to set their own climate targets."
In a December statement, the office of Texas Attorney General Ken Paxton argued that the DOT "does not have the statutory authority to institute such a rule, and 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."
CALIFORNIA'S GRID FACES COLLAPSE AS LEADERS PUSH RENEWABLES, ELECTRIC VEHICLES, EXPERTS SAY
Texas Attorney General Ken Paxton makes a statement at his office, May 26, 2023, in Austin, Texas. (AP Photo/Eric Gay, File)
Fox News Digital reached out to the DOT for comment.
Reuters and Fox News Digital's Thomas Catenacci contributed to this report.
Andrea Vacchiano is a breaking news writer for Fox News Digital and Fox Business. You can follow her on X at @andrea_vacch or send story tips to andrea.vacchiano@fox.com.
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