Attorney General Ashley Moody, in a coalition with 19 other state attorneys general, filed comments before the U.S. Department of Transportation to push back against a Biden administration rule requiring all 50 states, Puerto Rico and the District of Columbia to reduce on-road CO2 emissions to net-zero by 2050. The comments argue that Congress has not given DOT authority to regulate greenhouse gas emissions.

Attorney General Ashley Moody said, “Congress never gave the Department of Transportation the authority to implement these overbearing and widespread regulations—requiring all states to reduce on-road CO2 emissions to net-zero. This is just another example of Biden attempting to wield federal authority he does not have. Thankfully, state attorneys general are pushing back against this unlawful federal overreach.”

In the comments filed  with DOT, Attorney General Moody and the coalition expressed concerns that DOT’s Federal Highway Administration overstepped its legal authority by proposing this measure. The coalition writes, “Given the Supreme Court recently made clear in West Virginia v. EPA that even the EPA cannot use its existing authority to take unprecedented and unauthorized actions to address climate change, such action is clearly beyond the authority Congress has given FHWA.”