WASHINGTON — A Biden-era rule regarding greenhouse gas (GHG) emissions will never be implemented, according to a final rule posted in the Federal Register on April 18, 2025. The rule, released by the U.S. Department of Transportation (USDOT) and Federal Highway Administration (FHWA), goes into effect May 19, 2025.
This action, the first completed deregulatory move by the agency under the leadership of Transportation Secretary Sean Duffy, come less than 100 days into the Trump administration.
In a statement released by the USDOT, the agency claims that, if implemented, the Biden-era GHG performance measure would raise project costs and divert critical resources away from highway construction to “irrelevant emissions targets.”
“I slashed this ridiculous climate requirement to ensure no radical political agenda gets in the way of revitalizing America’s highways,” Duffy said.
The final GHG rule effectively removes a federal requirement included in the FAST Act that was implemented in 2023. Authority to set and enforce such regulations is now the responsibility of individual states.
To read the entire rule, click here.
GHG Measurement Rule background
According to the USDOT, the overturned GHG rule would have required state transportation departments to measure and establish declining targets for carbon dioxide emissions on federally supported highways.
The GHG measurement rule, first proposed under the Obama administration, was rescinded during the first Trump administration — but was reinstated in 2023 by the Biden administration. The USDOT notes that it was later ruled, by two federal judges, that the department did not have the authority to issue the rule.
“Today’s action builds on Secretary Duffy’s efforts to rescind woke policies, roll back burdensome and costly regulations, restore economic growth and ensure that all USDOT policies align with the administration’s priorities,” the USDOT’s April 18, 2025, statement reads. “The rescission of the GHG Measurement Rule is the latest in a series of actions designed to deliver on the President’s commitment to rescind harmful policies enacted under the Biden-Harris Administration and reaffirm USDOT’s focus on safety, efficiency, economic prosperity, and regulatory reform.”
Support from industry groups
Support for the rule was quickly voiced by groups representing trucking and other industries.
“States are best equipped to determine their transportation needs, but FHWA’s GHG emissions performance measures issued by the Biden Administration would have created unnecessary bureaucratic barriers to access federal funds,” said Dan Horvath, senior vice president of regulatory affairs and safety policy for the American Trucking Associations (ATA).
“Ultimately, this heavy-handed approach would have scrambled local priorities and undermined highway expansion projects, leading to greater traffic congestion and higher shipping costs that contribute to inflation,” he continued. “The trucking industry strongly supports the Trump Administration’s decision to repeal this rule that lacked statutory authority.”
Dave Bauer, president and CEO of the American Road & Transportation Builders Association (ARTBA) also applauded the move.
“ARTBA members commend Transportation Secretary Duffy and President Trump for ending an unnecessary, ideologically driven mandate that would have placed new burdens on mobility solutions,” Bauer said. “Repealing the GHG rule removes a regulatory burden that would have increased project costs and imposed Washington, D.C., priorities on state transportation decisions.”
The American Association of State Highway and Transportation Officials (AASHTO), which represents state DOTs and other state-level entities, offered support.
“AASHTO appreciates the U.S. Department of Transportation’s action to repeal a performance measure rule that was considered by Congress as part of the Infrastructure Investment and Jobs Act negotiations in 2021 and was ultimately excluded from enacted legislation,” said Jim Tymon, AASHTO’s executive director. “The state DOTs look forward to working with USDOT on implementing existing national-level performance measures approved by law in 2012 for safety, pavement, bridge, and system performance.”
Alex Etchen, vice president of government relations for the Associated General Contractors of America, had this to say:
“The so-called greenhouse gas performance measure would have forced states to put important infrastructure projects, like road and bridge improvements, on hold to fund projects that would do little to facilitate the movement of people and goods. Secretary Duffy’s decision to rescind this measure is in keeping with Congressional intent and will help ensure that Americans and the American economy can keep moving.”
Linda Garner-Bunch has been in publishing for more than 30 years. You name it, Linda has written about it. She has served as an editor for a group of national do-it-yourself publications and has coordinated the real estate section of Arkansas’ only statewide newspaper, in addition to working on a variety of niche publications ranging from bridal magazines to high-school sports previews and everything in between. She is also an experienced photographer and copy editor who enjoys telling the stories of the “Knights of the Highway,” as she calls our nation’s truck drivers.
