Attorney General Headshot

Attorney General Marty Jackley

Attorney General Seal

Attorney General Jackley Joins Multi-State Lawsuit In Challenging Proposed Federal Climate Mandate

FOR IMMEDIATE RELEASE: Friday, Dec. 22, 2023

Contact: Tony Mangan, Communications Director, 605-773-6878

PIERRE, S.D. – South Dakota Attorney General Marty Jackley has joined 20 other Attorneys General in challenging a proposed rule by the U.S. Department of Transportation’s Federal Highway Administration that mandates all states with National Highway Safety System mileage establish targets to reduce on-road CO2 emissions.

“This proposed rule would require states to establish targets for reducing on-road carbon dioxide emissions,” said Attorney General Jackley. “It would put undue burdens on states regarding what type of equipment they could use.”

In their lawsuit, the Attorneys General argue Congress has not given the federal Department of Transportation or the Federal Highway Administration authority to regulate greenhouse emissions. They said such mandates would impact the economies of the states.

“Rural states like South Dakota would be among the most impacted because South Dakotans on average must drive more than those in urban states,” said Attorney General Jackley.

Attorneys General joining in the lawsuit also are from: Alabama, Alaska, Arkansas, Florida, Idaho, Indiana, Iowa, Kansas, Kentucky, Mississippi, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, Utah, Virginia, West Virginia, and Wyoming.

The letter can be found here: