By Nick Goldstein, vice president of regulatory affairs & assistant general counsel, ARTBA

ARTBA has reiterated its support for the Federal Highway Administration’s (FHWA) latest withdraw of its rule to track greenhouse gas emissions at transportation projects. In Nov. 15 comments, ARTBA said the rule exceeds the agency’s authority and the intent of the 2012 surface transportation reauthorization law— MAP-21.

FHWA initially withdrew the provision in May, but then reinstated it in response to lawsuits from anti-growth groups and eight U.S. states. FHWA’s latest repeal of the provision has been done in a manner that should avoid future litigation.