Joco Today

Washington, D.C. – A group of Senators and a Congressman are leading a resolution to overturn the Federal Highway Administration's (FHWA) rule on greenhouse gas (GHG) emissions performance measures. The FHWA finalized the rule in November 2023, imposing these measures on state departments of transportation and metropolitan planning organizations, despite lacking the authority from Congress to do so.

The resolution, introduced by U.S. Senator Roger Marshall, Senator Kevin Cramer, and Congressman Rick Crawford, aims to nullify the FHWA rule and demonstrate Congress' objection to what they perceive as federal overreach. The resolution is bipartisan and has support from Senators Shelley Moore Capito and Joe Manchin, as well as Chairman Sam Graves.

Senator Marshall expressed his concern about the negative impact of the rule on rural states like Kansas, saying, "Joe Biden’s Emissions Performance Measure Rule disproportionately hurts rural states like Kansas. This move by the Administration only further highlights Biden’s never-ending pursuit of pushing Electric Vehicle mandates on every American. Joe Biden has ZERO authority to enact a rule like this. I’m proud to join my colleagues in fighting against this unconstitutional and brazen abuse of executive authority."

Senator Cramer criticized the FHWA for pushing a regulation that he deems illegal and infeasible, stating, "The absence of a prohibition is not a license, and yet the Biden administration pushed this illegal and infeasible regulation anyway. New York and North Dakota have very different transportation systems, needs, and capabilities, but under this one-size-fits-all mandate, they’re effectively treated the same. A subway stop at a cattle ranch is silly and unserious, and so is the idea of widespread EV use in North Dakota. Nearly half the Senate cosponsored this resolution from the onset, showing strong appetite for this rule to be defeated."

Senator Capito also criticized the Biden administration for neglecting the bipartisan law passed by Congress and signed by the president himself. She emphasized that FHWA's rule limits the flexibility of states to advance their own transportation investment priorities, jeopardizing critical investments, jobs, and economic growth across the country. She said, "As we’ve done before, I am committed to working with my Senate and House colleagues to hold the Biden administration accountable."

Senator Manchin echoed the sentiment of opposing the FHWA's rule, emphasizing the negative economic impact it could have on transportation industries, especially in rural states like West Virginia. He stated, "The Administration does not have the authority to burden state DOTs with these radical emissions performance measures without Congressional direction. I’m proud to introduce this resolution of disapproval and I encourage my colleagues on both sides of the aisle to oppose the FHWA’s unlawful and economically irresponsible power grab."

Congressman Crawford criticized the FHWA's rule for putting states with more small towns and rural communities at a disadvantage, stating, "This one size fits all regulation puts states with more small towns and rural communities that are not able to cut emissions by building a metro system, buying electric buses, or building miles of bike lanes between communities at a significant disadvantage. What’s most galling is that this Administration has implemented this rule despite having no statutory authority to do so. This is the heavy hand of the federal government run amok."

The resolution aims to nullify the FHWA's rule, which Congress has not provided the U.S. Department of Transportation with any statutory authority to implement. The rule resembles a 2017 Obama administration rule that was repealed by the Trump administration in 2018. Many state departments of transportation and attorneys general have raised concerns or outright opposed the FHWA's proposal.

The resolution has garnered support from additional cosponsors in the Senate, including Senators Mitch McConnell, John Thune, John Hoeven, and many others.

The introduction of this resolution highlights the ongoing debate over federal overreach and the balance of power between the federal government and states. As the resolution progresses, it will be interesting to see how Congress addresses the FHWA's rule and whether it will be successfully overturned.