Washington D.C. – U.S. Senators Katie Britt (R-Ala.), Kevin Cramer (R-N.D.), and Shelley Moore Capito (R-W.Va.) have led a group of Congressional colleagues in filing a bicameral amicus brief, urging the court to vacate a recent Federal Highway Administration (FHWA) rule. The rule, finalized in November 2023, mandates state departments of transportation and metropolitan planning organizations to measure greenhouse gas (GHG) emissions on the highway system and establish targets for reducing them.
In response to this rule, Senator Britt and her Senate colleagues introduced a bipartisan Congressional Review Act joint resolution of disapproval aimed at overturning the regulation. In April, the resolution passed the Senate with a 53-47 vote, signaling bipartisan resistance to what they see as overreach by the FHWA.
Shortly after the rule was implemented, a coalition of 21 state attorneys general, including representatives from Alabama, filed lawsuits challenging the regulation. In April 2024, the U.S. District Court for the Western District of Kentucky ruled that the Biden-Harris Administration’s rule was illegal. However, FHWA has since appealed the decision, which is now being reviewed by the U.S. Court of Appeals for the Sixth Circuit.
The senators’ brief argues that Congress had previously debated and ultimately rejected granting FHWA the authority to issue GHG performance measure rules. According to the brief, FHWA misconstrued Congressional intent in its justification for the rule. The members contend that the regulation contradicts recent Supreme Court decisions that limit Executive Branch overreach and undermines the principles of federalism by advancing the FHWA’s policy agenda without proper authority.
In the brief, the senators state, “Congress considered, and ultimately rejected, providing [FHWA] with the authority to issue a GHG performance measure regulation, but [FHWA] contorted ancillary existing authorities to impose one anyway.” They argue that by doing so, the FHWA exceeded its legal authority, violating the separation of powers and the Administrative Procedures Act.
The amicus brief has garnered support from several key lawmakers, including Senate Minority Leader Mitch McConnell (R-Ky.) and Senators from various states, underscoring the ongoing bipartisan concern regarding the FHWA’s regulation and its broader implications for state authority and federal oversight.
As the court case continues, this development highlights the ongoing debate between federal regulatory power and state autonomy in addressing environmental concerns, with lawmakers emphasizing the need for clear legislative boundaries.
