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Less than three weeks after seeming poised to approve a fuel-tax increase for the first time since 1992, Alabama has joined Hawaii, Indiana, Mississippi and West Virginia and did not do so during its legislative session this year.

By near unanimous votes on April 13, Alabama’s Legislature passed a new transportation funding formula.

A federal appeals court ruled that Alabama discriminated against freight railroads by making them pay sales taxes on fuel that competing trucking and barge companies were not required to, the Associated Press reported.