Arkansas News

Candidates for Arkansas governor in home stretch of their campaigns

KUAR | By Josie Lenora, Daniel Breen

With early voting underway for the Nov. 8 election, Arkansas' candidates for governor are making final appearances in campaign rallies around the state.

Republican Sarah Huckabee Sanders headlined a packed meet and greet event Tuesday at the Jacksonville Community Center. She spoke about education, crime, safety and “empowering Arkansas.” Sanders was joined on stage by Republican U.S. Sens. Tom Cotton and John Boozman.

“I’m tired of watching Arkansas compete at the bottom,” Sanders said. “I'm tired of us being 46th and 47th and 48th in all the places where I know we can be first and second.”

https://www.ualrpublicradio.org/local-regional-news/2022-10-25/candidates-for-arkansas-governor-in-home-stretch-of-their-campaigns

Josie Lenora/KUAR News

Republican gubernatorial nominee Sarah Huckabee Sanders and her husband Bryan talk with a veteran during a campaign event Tuesday in Jacksonville.

Trucking industry report shows driver labor issues have eased slightly

by Jeff Della Rosa (JDellaRosa@nwabj.com)

Challenges the trucking industry has faced to recruit and retain truck drivers have moderated following double-digit pay increases in 2021. Still, officials said the industry is short nearly 78,000 truck drivers, and this cannot be resolved by only addressing a single issue, including pay.

According to a Tuesday (Oct. 25) report from American Trucking Associations (ATA), the driver shortage has declined from a record high of 81,258 drivers in 2021. In 2018, the shortage was 61,000 and declined in 2019 before the COVID-19 pandemic when freight demand softened.

For a PDF of the report, click here.

https://talkbusiness.net/2022/10/trucking-industry-report-shows-driver-labor-issues-have-eased-slightly/

Wildfire risks statewide remain high despite rainfall

by George Jared (gjared@talkbusiness.net)

Many parts of the state received a soaking, prolonged rain Tuesday (Oct. 25), but state agriculture officials are still warning residents that many parts of the state are still under a serious wildfire threat caused by extended drought conditions.

The Arkansas Department of Agriculture’s Forestry Division is reminding Arkansans that wildfire danger is elevated across the state and currently 62 counties remain under a burn ban.

“Conditions are dry with low humidity statewide,” said State Forester Joe Fox. “We are seeing an increase in the number of wildfires and their intensity, and that’s a trend that will continue until we see significant rainfall. With this in mind, we are asking citizens of the state to be mindful of this risk and avoid burning.”

https://talkbusiness.net/2022/10/wildfire-risks-statewide-remain-high-despite-rainfall/

November Snippets from Johnye Fisher of the Sevier County Library System

Sevier County Library System’s annual Mister Roger’s Neighborhood Sweater Drive and Food for Fines month begins November 1st and ends November 30th.  

Let’s find some gently used items that someone can use for the winter to help keep them warm. Coats, hats, sweaters, gloves, scarves, etc. also patrons can bring any nonperishable food item to the library for a one-dollar reduction per item in existing overdue fines. Food accepted for fines on returned library materials only, not for replacement fees or lost or damaged items. Each community library will help their community with items taken. Also donations are always welcome for both clothing items and food items

Thanks to the communities for helping your community!

De Queen will host a Thanksgiving Story Time with Turkey Bingo on November 16th at 4 pm. There will be bingo prizes, treats for the kids and lots of fun. Make sure to tell all the kids and come enjoy a fun game of Turkey Bingo.

 

Remember we have the LIBBYAPP if we do not have a book on our shelves. You can follow the instructions to download the libbyapp from our Facebook.com/seviercountylibrary or simply go to your play store on your device. Remember you must search “Arkansas Digital Library Consortium” and hold a valid library card to browse our selection. For more information, you can call 584-4364

 

Catherine at Horatio Library says that Fall is beautiful and the weather is finally cooling off. The library is getting ready for Thanksgiving. We are changing our children’s program time to 4 pm on the 2nd Tuesday of each month. We will have special guests, treats and activities so make sure to mark your calendar. For adults, we are considering beginning a craft program featuring different craft each Saturday at 10 am beginning the first Saturday of November.

In the meantime, come and take a look at our new books plus check our sale tables. We have something for everyone. For more information, you can call Catherine at 870-832-6882. I’ll be looking for you.

Here at the Lockesburg Library the special activity programs that are planned for children during the month of November will be our homeschool STEM subjects and on Saturday, November 5th from 10-11:00 our new Pokemon Club. According to librarian Wendy Clay, officers have been elected and mission/ goals planned. If you are 12 or under and enjoy all things Pokemon come meet with us. Call 289-2233 or consult our Meta Facebook page Lockesburg Library for weekly updates about everything that is going on at the library.

Rhonda at Gillham Library says Gosh this year has gone by really fast. We have Thanksgiving is coming up soon. Come on by and find out How to Catch a Turkey by Adam Wallace! See how Charlie Brown celebrates Thanksgiving on DVD and book. John Sandford and Virgil Flowers are after killers in Righteous Prey, David Baldacci’s Amos Decker is so very smart with a remarkable memory or Danielle Steel’s Iris Cooper is a singing sensation. Dominoes and coffee on Tuesday’s if you like to play or just want to learn how.  Remember we are Open Tuesday 9-1, Friday 1-5 and Saturday 10-2. Call Rhonda, Freda or Mr. Bob at 386-5665 for more information.


Weekly Update from State Representative DeAnn Vaught

It is estimated that 225 people die every day from a drug overdose in America. In 2020, 547 people died from a drug overdose in Arkansas.

The current opioid epidemic is one of the deadliest drug epidemics in our history.

October 26 has been proclaimed as Opioid Awareness Day in Arkansas. It is a time for communities and individuals to raise awareness and prevent new victims from falling prey to addiction.

In recent years the Arkansas General Assembly has expanded access to naloxone and created criminal and civil immunities for those who try to get help for an overdose patient.

In 2021, we passed Act 651. This act mandates the co-prescription of an opioid antagonist under certain conditions. One of the conditions includes if the patient has a history of opioid use disorder or drug overdose.

In the 2019 Session, the General Assembly passed Act 646 which provides for controlled substance overdose identification training by law enforcement officers with an emphasis on opioid overdoses. That same year, the legislature passed Act 964 which prohibits a healthcare insurer, including the Arkansas Medicaid Program, from requiring prior authorization for medication-assisted treatment of opioid addiction.

In 2017, the General Assembly passed Act 284 which authorizes pharmacists to dispense naloxone, a medication used to reverse the effects of an opioid-induced overdose.

And in 2015, the Joshua Pauley Act became law. The law provides immunity for those calling for help for someone who is overdosing.

Another way to prevent abuse is to encourage the safe storage and disposal of prescription drugs.

The Arkansas Drug Take Back Day is Saturday, October 29 from 10 am to 2 pm. This is an opportunity to safely dispose of expired or unused prescription drugs. There are more than 250 locations across the state. You can find the location of events and permanent drop boxes at www.artakeback.org .

Westerman tours Southwest Research and Extension Center during agriculture tour

By Ryan McGeeney
U of A System Division of Agriculture

HOPE, Ark. — From the global economy and supply chain to the global climate and regional weather patterns, perhaps no industry is as affected by external forces as agriculture. For better or worse, that makes farming a primary concern of political representatives at every level — especially in a state dominated by agriculture.

ON THE FARM — Vice President for Agriculture Deacue Fields, left, and Rep. Bruce Westerman listen to a description of ongoing research from Aaron Cato, integrated pest management specialist for the Division of Agriculture, during Westerman's recent visit to the Southwest Research and Extension Center. (Division of Agriculture photo.)

U.S. Congressman Bruce Westerman, who represents Arkansas’ fourth district, visited the Southwest Research and Extension Center last week. Westerman said he typically takes time during each Congressional recess to meet with farmers, agricultural researchers and other industry professionals throughout Arkansas.

“We do have the farm bill coming up next year,” he said. “Tours like this give me a chance to get input from farmers and other people who will be impacted by that bill.”

Daniel Rivera, associate professor for the University of Arkansas System Division of Agriculture and director of the research center, said he was glad to have the opportunity to show off the SWREC’s cattle and grazing facilities, demonstrating how the research is key to the success of many Arkansas producers.

“We’re talking about some of the things we’re doing to navigate the drought,” Rivera said. “We’ve implemented a management program where we’ve been able to fertilize grasses in August and take advantage of some of those timely rains. That allowed us to get some grass growing and stockpile it.”

Rivera spoke about how various systems, such as the “300 Days of Grazing” concept, work to both ensure adequate feed for cattle and help to naturally clear biomass from fields, making it easier and less input-intensive to plant cold season grasses.

“There’s really no way to move forward other than with tighter management,” he said. “What we’re trying to show is that if you adhere to these principals, we can take advantage of that grass, without having to feed any hay.”

The center, part of the Division of Agriculture’s network of research stations across the state, focuses on several areas in addition to forage and grazing, including horticulture propagation and pest management. It also houses the state’s nematode laboratory, which analyzes soil samples for pests.

Amanda Greer, nematode lab supervisor, told Westerman about the lab’s importance to agricultural exports.

“We get samples of pine shavings from loads that go to China, for example,” Greer said. “We look to make sure there aren’t pests in the samples, and report back. That way, they can be issued a permit.”

Greer said the lab analyzes samples from growers throughout the state, as well as the Arkansas Plant Board and other states’ respective plant boards.

A native of Hot Springs, Westerman was first elected to the U.S. House of Representatives in 2014. Among other assignments, he serves on the House Committee on Natural Resources. Before his election to national office, he served two terms in the Arkansas General Assembly.

To learn about extension programs in Arkansas, contact your local Cooperative Extension Service agent or visit www.uaex.uada.edu. Follow us on Twitter and Instagram at @AR_Extension. To learn more about Division of Agriculture research, visit the Arkansas Agricultural Experiment Station website: https://aaes.uada.edu/. Follow on Twitter at @ArkAgResearch. To learn more about the Division of Agriculture, visit https://uada.edu/. Follow us on Twitter at @AgInArk.

Arkansas Forestry Association honors Cooperative Extension’s McPeake as educator of the year

By Mary Hightower
U of A System Division of Agriculture

LITTLE ROCK — Becky McPeake, professor and extension wildlife specialist for the University of Arkansas System Division of Agriculture, has been honored by the Arkansas Forestry Association as educator of the year

RECOGNIZED BY HER PEERS — Dr. Becky McPeake, right, extension wildlife specialist for the University of Arkansas System Division of Agriculture, is honored as educator of the year by the Arkansas Forestry Association. She accepts the award Oct. 13, 2022, from AFA Executive Vice President Max Braswell, left (Image courtesy Arkansas Forestry Association.)

McPeake was recognized during the AFA’s annual meeting Oct. 13. In her 23 years with the Cooperative Extension Service, McPeake has conducted demonstrations and workshops for youth and adults and has worked with multiple partnerships on projects to benefit Arkansas.

“It is definitely an honor to be recognized by one’s peers,” McPeake said. “I was beyond surprised – more like shocked — when I learned I was selected. It took about 24 hours for me to process it and reach out to my supervisor.

“The award is a validation for my passion to be an educational intermediary between forestry, wildlife, and people,” she said. “As many do in extension, we work days, nights and weekends to reach out to people and communities. It’s what we do. So it’s an honor to be recognized as someone who does it well.”

“This is a well-deserved award for a program that benefits all Arkansans,” said Vic Ford, head of agriculture and natural resources for the Cooperative Extension Service. “Dr. McPeake’s programs reach all ages and reflect the values of those who love the outdoors. Her programs are innovative and often include state-of-the-art technology, such as using drones to count feral hogs.” 

Rob Beadel, AFA Director of Forestry Education, presented the award and said McPeake’s dedication is an excellent example of what an educator should be.

“Becky has been an educator since she was in school and has dedicated her life to the craft,”

Beadel said. “Her knowledge is a huge asset to all of us here in the Natural State.”

To learn about extension programs in Arkansas, contact your local Cooperative Extension Service agent or visit www.uaex.uada.edu. Follow us on Twitter and Instagram at @AR_Extension. To learn more about Division of Agriculture research, visit the Arkansas Agricultural Experiment Station website: https://aaes.uada.edu. Follow on Twitter at @ArkAgResearch. To learn more about the Division of Agriculture, visit https://uada.edu/. Follow us on Twitter at @AgInArk.

John Spollen, M.D., to Assume Lead Role of UAMS College of Medicine in Northwest Arkansas

By David Wise

FAYETTEVILLE — The University of Arkansas for Medical Sciences (UAMS) College of Medicine named John Spollen, M.D., as the new regional associate dean for the college in Northwest Arkansas, effective Jan. 1, 2023.

Spollen, professor and vice chair for education in the UAMS Department of Psychiatry, will succeed Linda L.M. Worley, M.D., professor of psychiatry, who has served as regional associate dean in Northwest Arkansas since 2018. Worley is stepping into a new role as chief wellness officer for the college.

The UAMS College of Medicine has 62 students in Northwest Arkansas and recently added an accelerated three-year medical program in the region.

https://news.uams.edu/2022/10/24/john-spollen-m-d-to-assume-lead-role-of-uams-college-of-medicine-in-northwest-arkansas/

Cyclotron for State’s First Proton Center Arrives at UAMS

By Marty Trieschmann

Completion of a $65 million expanded University of Arkansas for Medical Sciences (UAMS) Radiation Oncology Center that will house Arkansas’ first Proton Center marked an important milestone Oct. 20 with the arrival and installation of the Proton Center’s cyclotron, a type of particle accelerator that serves as a key piece of equipment.

“UAMS is proud to partner with Arkansas Children’s, Baptist Health and Proton International to bring this groundbreaking technology to Arkansas,” said UAMS Chancellor Cam Patterson, M.D., MBA. “Arkansans will no longer need to travel out of state to receive this innovative treatment.”

Under construction at 3900 W. Capitol Ave., the Proton Center of Arkansas will offer an advanced form of radiation treatment that uses precisely focused protons to target tumors, rather than photons used in standard X-ray radiation.

https://news.uams.edu/2022/10/20/cyclotron-for-states-first-proton-center-arrives-at-uams/

State begins calling witnesses in lawsuit challenging Arkansas transgender law

KUAR | By Josie Lenora

The first lawsuit to be heard in the U.S. challenging a state law banning gender-affirming health care for minors is being heard in Arkansas. The federal lawsuit was filed by the American Civil Liberties Union on behalf of the families of four transgender children.

After three days of testimony from witnesses called by attorneys for the plaintiffs earlier in the week, the plaintiff rested on Wednesday. The trial was not in session on Thursday because attorneys for the state said they were not ready to begin presenting their case then.

The first two witnesses for the defense were called Friday. Licensed Professional Counselor Cathy Campbell and Dr. Stephanie Ho had been subpoenaed by the state. They testified without reporters or the public in the courtroom because they were to discuss confidential therapy notes and medical records of the four minors.

https://www.ualrpublicradio.org/local-regional-news/2022-10-21/state-begins-calling-witnesses-in-lawsuit-challenging-arkansas-transgender-law

Michael Hibblen/KUAR News

The federal courthouse in Little Rock as seen on April 26, 2019. A lawsuit is challenging a law passed by the legislature banning gender-affirming health care for transgender minors.

Arkansas’ gubernatorial candidates debate taxes, transgender law, education

by Michael Tilley (mtilley@talkbusiness.net)

Taxes, transgender laws, media access, and peanut butter and jelly sandwiches were part of Friday’s (Oct. 21) three-person gubernatorial debate in which frontrunner and Republican Sarah Huckabee Sanders and Democrat challenger Dr. Chris Jones focused on education and jobs.

The debate, which also included Libertarian candidate Ricky Dale Harrington Jr., was conducted by Arkansas PBS and televised live Friday morning.

A recent Talk Business & Politics-Hendrix College Poll showed Sanders with a 10-point lead over Jones (51% to 41%) heading into the last weeks of the election cycle. Harrington had support from 3% of poll respondents. The poll was conducted Oct. 17-18 with 974 likely Arkansas voters.

https://talkbusiness.net/2022/10/arkansas-gubernatorial-candidates-debate-taxes-transgender-law-education/

Poll: Voters suggest a mixed bag for Issues 1, 2 and 3

by Talk Business & Politics staff (staff2@talkbusiness.net)

A new Talk Business & Politics-Hendrix College Poll shows about one-quarter of voters are still undecided on three amendment proposals to be considered this fall.

In the latest survey of 974 likely Arkansas voters, which was conducted Oct. 17-18, 2022, Issue 1 has an 11-point lead, Issue 2 is a dead-heat, and Issue 3 is slightly opposed by just three points.

Respondents were asked:

Q: Issue 1, would give the legislature the authority to convene in extraordinary session (special session) by joint proclamation of House and Senate leadership or by written proclamation containing the signatures of at least two-thirds of the members of both the House and Senate. If the election were held today, would you vote for or against Issue 1?

44.5% For
33.5% Against
22% Undecided

https://talkbusiness.net/2022/10/poll-voters-suggest-a-mixed-bag-for-issues-1-2-and-3/

Poll: Opposition to recreational marijuana amendment grows, but slight majority still favor

by Talk Business & Politics staff (staff2@talkbusiness.net)

Voter attitudes toward recreational marijuana have shifted significantly over the last month, according to a new Talk Business & Politics-Hendrix College Poll.

The survey, conducted on Oct. 17-18, 2022, collected opinions from 974 likely Arkansas voters statewide. Respondents were asked:

Q. On November 8th, voters will be asked to consider one proposed constitutional amendment proposed by the people. Issue 4 would authorize the possession, personal use, and consumption of cannabis by adults in Arkansas sold by licensed adult use dispensaries and provide for the regulation of those facilities. If the election were held today, would you vote for or against Issue 4?

Definitely for – 36.5%
Probably for – 14%  (50.5% For)
Probably against – 9.5%
Definitely against – 33.5%  (43% Against)
Undecided – 6.5%

https://talkbusiness.net/2022/10/poll-opposition-to-recreational-marijuana-amendment-grows-but-slight-majority-still-favor/

Poll: State Supreme Court race flying under the radar

by Talk Business & Politics staff (staff2@talkbusiness.net)

Arkansans will decide a state Supreme Court race this November, but the latest Talk Business & Politics-Hendrix College Poll suggests 6 in 10 voters may not know for whom they will vote.

In this last round of polling, the survey of 974 likely Arkansas voters found incumbent Supreme Court Associate Justice Robin Wynne with 28% support to Judge Chris Carnahan’s 13% support. 59% of voters are undecided as early voting begins. Respondents were asked:

Q: Thinking about the upcoming non-partisan judicial race for Arkansas Supreme Court, Position 2, if the election were held today, which of the candidates would you vote for?

28%  Supreme Court Associate Justice Robin Wynne
13%  Judge Chris Carnahan
59%  Undecided

https://talkbusiness.net/2022/10/poll-state-supreme-court-race-flying-under-the-radar/

Audio: Governor Hutchinson’s Weekly Address Arkansas’s Historic Economic Growth

LITTLE ROCK – Today I would like to talk about a priority I’ve had since taking office in 2015. Job creation is critical to our economic growth and our future as a state.

When I was elected, there were 1.2 million people employed in Arkansas. Even after a global pandemic that impacted much of the world’s working force, Arkansas sits at a 3.5% unemployment rate, and we have 125,000 more people working in jobs around the state today than we did 8 years ago. This is possible thanks to the help of the Arkansas Economic Development Commission. The state’s economic development team has signed 495 projects since January 2015 resulting in creating more than 25,000 jobs for Arkansans.

In 2022 so far, we have signed 19 new incentive agreements with companies investing their resources into our state, which in turn is creating more than 2,900 jobs for Arkansans. This includes the historic investment with U.S. Steel committing more than $3 billion to create the most advanced steel-making facility in North America in Osceola, Arkansas.

Two weeks ago, I joined Commerce Secretary Mike Preston for a ribbon cutting of Lockheed Martin’s new facility in Camden. They invested more than $142 million to expand their facility by 85,000 square feet to increase production capacity for the world’s most advanced air defense missile.

In that same week, Preformed Line Products announced plans to expand operations in Rogers. They will invest $16 million to expand its Rogers facility by 82,000 square feet and plan to add 50 more employees in the coming months.

Another win for Arkansas is Veolia, which is expanding in Arkadelphia. Veolia is a global company that designs and provides water, waste, and energy management solutions that contribute to the sustainable development of communities and industries. In 2019 alone, Veolia Group supplied 98 million people with drinking water and 67 million people with wastewater service around the globe. Last week, they announced a $600 million investment in Arkadelphia – or specifically, Gum Springs – that will create 125 new jobs by 2024.

And then on Tuesday of this last week, Owens Corning, which produces construction materials, announced plans to expand its existing facility by 70,000 square feet. This $24.5 million investment plans to add 50 new jobs in the Fort Smith area.

Since January 2015, we have lowered taxes, reduced regulations, and increased the speed to market by cutting permitting time — all of which improve growth.

Now we are seeing historical investments with Arkansas companies expanding every week and new companies committing their resources to put down their roots in our state.  

UA Cossatot Colts/Lady Colts Benefit Golf Tournament in Nashville

Early Voting Begins Monday, October 24th

Voters are Reminded to Take ID to the Polls

(LITTLE ROCK, ARK.) – Arkansas Secretary of State John Thurston would like to remind voters that early voting for the 2022 General Election, Nonpartisan Judicial Runoff Election, and School Elections begins on Monday, October 24th.  

Early voting will run from October 24th through November 7th. Polls will be open Monday through Friday from 8:00 a.m. to 6:00 p.m.; Saturdays from 10:00 a.m. to 4:00 p.m.; and 8:00 a.m. to 5:00 p.m. on the final Monday before Election Day. Polls are closed on Sundays. 

To check your voter registration, find your polling location and operating hours, or to view a sample ballot, visit www.voterview.org.

A voter guide containing unbiased information regarding ballot issues, produced by the University of Arkansas System Division of Agriculture Public Policy Center, can be accessed at www.uaex.uada.edu/business-communities/voter-education.

If you have moved to another county since you last voted, you have until Friday, November 4th to update your voter registration with your county clerk for this election.

Election Day is Tuesday, November 8th.  Polls that day will be open from 7:30 a.m. until 7:30 p.m. Arkansas law requires that voters present a photo ID before voting.

Election results will be available at the Secretary of State's website after the polls close on Election Day at www.sos.arkansas.gov.

AG Alert: Con Artists Guilty of Jury Scam

LITTLE ROCK— Attorney General Leslie Rutledge is warning Arkansans to be wary of con artists attempting to convince unsuspecting consumers that they have missed jury duty and are facing law enforcement action. The scammers often call consumers under the guise of representing a law enforcement agency or court official, claiming that the individual faces a fine or imprisonment for missing jury duty. Attorney General Leslie Rutledge encourages all Arkansans to verify the legitimacy of their jury summons by contacting their county’s circuit clerk directly.

“Intimidation and impersonation are common practices for con artists,” said Attorney General Rutledge. “These criminals are becoming more brazen by offering consumers a badge number and spoofing their phone number to make the call look like it is coming from the courthouse or local law enforcement agency. Scams may sound legitimate, but before providing any personal information to the person on the other end of the phone, consumers should confirm the accuracy of the information with their local court.”

Attorney General Rutledge released the following tips for consumers who are contacted by these scammers:

  • Contact your local circuit clerk to determine whether you truly are expected to report for jury duty.

  • Contact local law enforcement and provide the name and badge number you received to verify the officer’s information and confirm that you were contacted by that officer.

  • Court officials will not ask for your personal information such as social security number, address, credit card number or any other personal or financial information. Verifying any information over the phone could lead to other scams or identity theft.

  • Court officials will never ask individuals to pay fines with gift cards or bitcoin. If an individual asks you to transfer currency into bitcoin, it is probably a scam. Hang up the phone.

If you fall victim to one of these phone scams, file a complaint with the Attorney General’s office. For more tips to avoid being scammed and other consumer-related issues, visit ArkansasAG.gov or call the Arkansas Attorney General’s Office at 800-482-8982.

The Attorney General’s office also makes presentations on scams to organizations and groups. To schedule a scam prevention presentation email speaker@arkansasag.gov or visit ArkansasAG.gov.

Rutledge joins coalition opposing DOT's Highway Emission Rule

LITTLE ROCK— Attorney General Leslie Rutledge joined a 20-state coalition in filing comments before the Biden administration’s Department of Transportation (DOT) to push back against a rule proposal requiring all fifty states, Puerto Rico and the District of Columbia to reduce on-road CO2 emissions to net-zero by 2050. The coalition of attorneys general argues that Congress has not given the DOT authority to regulate greenhouse gas emissions.

“This proposed rule shows that the Biden Administration once again has demonstrated its lack of regard for the separation of powers,” said Attorney General Leslie Rutledge. “The Biden Administration does not have the authority to require states to implement federal regulatory programs.”

Attorney General Rutledge and the coalition noted their concerns that DOT’s Federal Highway Administration (FHWA) overstepped its legal authority by proposing this measure. The coalition writes, “Given the Supreme Court recently made clear in West Virginia v. EPA that even the EPA cannot use its existing authority to take unprecedented and unauthorized actions to address climate change, such action is clearly beyond the authority Congress has given FHWA.”

The coalition also makes clear that the proposed measure violates the principles of federalism by requiring states to implement a federal regulatory program. The attorneys general note that the Supreme Court has said that “the Constitution protects us from our own best intentions: It divides power among sovereigns and among branches of government precisely so that we may resist the temptation to concentrate power in one location as an expedient solution to the crisis of the day.”

Further, the attorneys general note that FHWA issued a similar rule, which was repealed after the agency determined that the measure may duplicate “existing efforts in some States” and imposed “unnecessary burdens on State DOTs and MPOs [metropolitan planning organizations] that were not contemplated by Congress.”

Attorney General Rutledge was joined by the attorneys general of Alabama, Alaska, Florida, Georgia, Indiana, Kansas, Kentucky,  Louisiana, Mississippi, Montana, Nebraska, Oklahoma, South Carolina, South Dakota, Texas, Utah, Virginia, West Virginia, and Wyoming.

Read the coalition’s comments here.