Federal Highway Administration

Climate Change Impacts on The National Highway System

Under 23 U.S.C. 119(e)(1), the Federal Highway Administration (“FHWA”) is authorized to require states to develop and implement risk-based Asset Management Plans (AMPs) to improve or preserve the condition of national highway system assets.

On November 13, 2024 FHWA issued a proposed rule that seeks to address the impacts of climate change by ensuring states plan for the effects of sea level rise, extreme weather events, flooding, and other climate change impacts on their transportation systems. (89 Fed. Reg. 89506, Nov. 13, 2024). If finalized, the rule would require each state to create an AMP describing how the state’s investment strategies would address risks from extreme weather events and risks to system resilience. The rule would further require states to incorporate their AMP into “the transportation planning processes that lead to the long-range statewide transportation plan.”

Biden Administration (2021-2025)

Assessing and Monitoring Climate Risks to Highway Systems

On November 13, 2024 FHWA issued a proposed rule that seeks to address the impacts of climate change by ensuring states plan for the effects of sea level rise, extreme weather events, flooding, and other climate change impacts on their transportation systems. (89 Fed. Reg. 89506, Nov. 13, 2024). If finalized, the rule would require each state to create an AMP describing how the state’s investment strategies would address risks from extreme weather events and risks to system resilience. The rule would further require states to incorporate their AMP into “the transportation planning processes that lead to the long-range statewide transportation plan.”

National Electric Vehicle Infrastructure Standards and Requirements

The National Electric Vehicle Infrastructure (“NEVI”) Formula Program sends federal funds to states to deploy electric vehicle charging stations and establish a network of charging facilities that will enable data collection, access, and reliability. The Infrastructure Investment and Jobs Act (“IIJA”) directs FHWA to release a set of minimum standards and requirements for implementing the NEVI Formula Program in Division J, Title VIII, paragraph (2) in the heading “Highway Infrastructure Program.” (See Infrastructure Investment and Jobs Act, P.L. 117-58, 135 Stat. 429, 1424 (Nov. 15, 2021)). Under a separate section, FHWA was directed to promulgate standards for publicly accessible electric vehicle (“EV”) charging stations. (23 U.S.C. 109(s)). 

On February 6, 2025, FHWA announced that it was revising the agency’s policies that address implementing the National Electric Vehicle Infrastructure (NEVI) Formula Program, and revoked all prior guidance on the program. The announcement added that “effective immediately, no new obligations may occur under the NEVI Formula Program until the updated final NEVI Formula Program Guidance is issued and new State plans are submitted and approved.” FHWA indicated that it anticipates publishing draft updated guidance in the spring, and that it will take and respond to public comments on that draft.

Second Trump Administration (2025-2029)

On February 6, 2025, FHWA announced that it was revising the agency’s policies that address implementing the National Electric Vehicle Infrastructure (NEVI) Formula Program, and revoked all prior guidance on the program. The announcement added that “effective immediately, no new obligations may occur under the NEVI Formula Program until the updated final NEVI Formula Program Guidance is issued and new State plans are submitted and approved.” FHWA indicated that it anticipates publishing draft updated guidance in the spring, and that it will take and respond to public comments on that draft.

Biden Administration (2021-2025)

Requirements for Federally Funded Electric Vehicle Chargers

On February 28, 2023, FHWA published a final rule prescribing minimum standards and requirements for projects funded under the NEVI Formula Program and for publicly accessible, federally-funded electric vehicle chargers. (88 Fed. Reg. 12724, Feb. 28, 2023). The purpose of this rule is to create "uniform standards" to facilitate the national expansion of EV charging stations. The standards apply to the installation and operation of EV charging infrastructure; interoperability of EV charging infrastructure; network connectivity of EV charging infrastructure; and information on publicly available EV charging infrastructure locations, pricing, real-time availability, and accessibility through mapping applications; and other related features of EV charging stations. 

This rule was first proposed on June 22, 2022, as part of FWHA's efforts to implement the IIJA (87 Fed. Reg. 37262, June 22, 2022).

First Trump Administration (2017-2021)

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National Highway System Greenhouse Gas Reporting

Under 23 U.S.C. 150(c)(3)(A)(ii)(IV-V), FHWA is directed to establish performance measures that State departments of transportation must use to assess performance of the national highway system. The statute does not define the meaning of “performance,” but since Congress identified environmental sustainability as one of its national goals for the system under 23 U.S.C. 150(b), FHWA has concluded that environmental performance—expressed here as greenhouse gas emissions from transportation—is a metric for which the agency must promulgate performance measures.

On December 7, 2023, FHWA promulgated a final rule reestablishing Obama-era requirements for measuring and reporting transportation-related greenhouse gas emissions associated with highways, which had been withdrawn under the first Trump Administration. The rule requires State departments of transportation and metropolitan planning organizations to establish declining emissions targets and to report on their progress toward meeting those targets. The rule does not mandate what the targets must be; instead, it gives the state transportation departments and metropolitan planning organizations the flexibility to set goals that work with their other policy priorities so long as they will result in a reduction of emissions over time. (88 Fed. Reg. 85364, Dec. 7, 2023)

Biden Administration (2021-2025)

Rule Reestablishing Requirement to Measure Highway-Related GHG Emissions

On December 7, 2023, FHWA promulgated a final rule reestablishing requirements for measuring and reporting transportation-related greenhouse gas emissions associated with highways, which had been withdrawn under the first Trump Administration. (88 Fed. Reg. 85364, Dec. 7, 2023). The rule requires State departments of transportation and metropolitan planning organizations to establish declining emissions targets and to report on their progress toward meeting those targets. The rule does not mandate what the targets must be; instead, it gives the state transportation departments and metropolitan planning organizations the flexibility to set goals that work with their other policy priorities so long as they will result in a reduction of emissions over time.

This rule was first proposed on July 15, 2022 (87 Fed. Reg. 42401, July 15, 2022). FHWA’s action was in response to Executive Order 13,990, which directed agencies to review actions taken under the Trump Administration and take steps to realign policy with national climate change goals.

First Trump Administration (2017-2021)

Repeal of Requirement to Measure Highway-Related GHG Emissions

On May 31, 2018, FHWA repealed several regulations and FWHA guidance documents that required state departments of transportation to measure performance outcomes on, among other related metrics, percent change in carbon dioxide emissions from the national highway system. (83 Fed. Reg. 24920, May 31, 2018). FHWA argued that (1) the agency’s legal authority in this space was based on a “strained reading of the statutory language in [23 U.S.C.] section 150,” (2) the costs of requiring this measure outweighed its benefits, and that (3) the information states and planning organizations were creating was duplicative of other sources of the same information. FWHA's repeal made such reporting optional. This repeal was first proposed on October 5, 2017. (82 Fed. Reg. 46427, Oct. 5, 2017)

Obama Administration (2009-2017)

Measuring Highway-Related GHG Emissions

On January 18, 2017, FHWA finalized a "national performance management measure" regulation, which required state departments of transportation (DOTs) and metropolitan planning organizations (MPOs) to measure and report certain metrics from federally funded highway projects. (82 Fed. Reg. 46427, Oct. 5, 2017). Among other metrics, this rule required DOTs and MTOs to report on-road greenhouse gas emissions to assess the climate impact of federal highway projects.