In February, Senators Kevin Cramer (R-ND), Shelly Moore Capito (R-WV) and Joe Manchin (D-WV) and 47 Senators introduced S.J. Res. 61,  a Congressional Review Act Resolution of Disapproval to overturn the Federal Highway Administration’s (FHWA) Greenhouse Gas Emissions Performance Measure. Contact your Senators and urge their support for the Resolution.

In November 2023, the FHWA finalized a rule requiring state Departments of Transportation (DOT) and Metropolitan Planning Organizations to measure CO2 tailpipe emissions on the National Highway System (NHS) and then set declining targets to reduce emissions from roadway travel. Congress never authorized FHWA to enact this rule, and a majority of state DOTs or Attorney’s General submitted formal comments to the agency expressing concerns.

In filed comments, Senators Cramer and Capito highlighted significant issues with the proposed rule, including:

• The Federal Highway Administration lacks the statutory authority to enact a greenhouse gas performance measure.
• Congress debated language authorizing this type of measure during the development of the Infrastructure Investment and Jobs Act, but ultimately rejected it.
• The proposal is not workable in many states and will infringe on state DOT’s necessary flexibility to meet the unique transportation needs of their residents.

A five-state coalition consisting of the North Dakota, South Dakota, Wyoming, Montana, and Idaho state DOTs submitted comments echoing many of the same positions, particularly highlighting the burden placed on rural states. Further, Arkansas, Arizona, Florida, Georgia, Missouri, Nebraska, Oklahoma, South Carolina, Tennessee, and West Virginia state DOTs also filed comments in opposition to the rule.

In addition, a coalition of 20 attorneys general from Alabama, Alaska, Arkansas, Florida, Georgia, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Montana, Nebraska, Oklahoma, South Carolina, South Dakota, Texas, Utah, Virginia, West Virginia, and Wyoming filed comments opposing the rule, namely, highlighting the agency’s lack of statutory authority.

Further, two federal courts recently issued decisions against the rule, rejecting the agency’s attempted overreach. 

In the House, Congressman Rick Crawford (R-AR-1) and 68 House members have filed House Joint Resolution 114 to nullify the unauthorized rule. Reach out and thank your House member for supporting HJR 114 or if you don’t see your Representative listed, contact them to urge supporting the Resolution.

Senators wanting to cosponsor the Senate resolution should contact Brady Kenyon at Brady_Kenyon@cramer.senate.gov.