S.D. joins suit challenging federal CO2 regulations

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South Dakota joined 20 other states Friday to challenge a proposed federal rule aimed at mandating reductions in carbon dioxide emissions, Attorney General Marty Jackley announced.

The states filed suit against the Biden administration in Kentucky, the lead plaintiff in the case. The complaint seeks to invalidate a rule from the Department of Transportation and the Federal Highway Administration that requires all states with National Highway System mileage to set mandator reductions in CO2, which is blamed for causing global warming.

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The 67-page complaint alleges the federal government has overstepped its authority and that it does not have the authority to force states to regulate CO2 emissions.

“Congress has not given FHWA or U.S. DOT authority to regulate greenhouse gas emissions (“GHG”),” the complaint says. “Nor can the agencies compel the states to administer a federal regulatory program or mandate them to further executive policy wishes absent some other authority to do so — which is lacking as to this rule.”

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