Central Louisiana News

U.S. Senators Bill Cassidy, M.D. (R-LA), Kevin Cramer (R-ND), and nearly half the Senate have introduced a Congressional Review Act (CRA) Joint Resolution of Disapproval to nullify the Federal Highway Administration's (FHWA) rule on greenhouse gas (GHG) emissions performance measures. This move aims to demonstrate Congress' objection to what they consider federal overreach.

The FHWA finalized the rule in November 2023, imposing GHG emissions performance measures on state departments of transportation and metropolitan planning organizations. However, critics argue that the FHWA lacks the authority from Congress to enforce such regulations. Senator Cassidy expressed his concerns, stating, "Congress must do everything possible to stop this overreach. We need to plan a transportation system without FHWA interfering on things which are impossible to achieve."

Senator Cramer, Ranking Member of the Senate Environment and Public Works Subcommittee on Transportation and Infrastructure, criticized the Biden administration for pushing this "illegal and infeasible regulation." He highlighted the one-size-fits-all approach, stating, "New York and North Dakota have very different transportation systems, needs, and capabilities, but under this 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."

The resolution has garnered significant support, with nearly half the Senate cosponsoring it from the onset. Senator Cramer emphasized the strong appetite for defeating this rule. He stated, "Nearly half the Senate cosponsored this resolution from the onset, showing a strong appetite for this rule to be defeated."

Congress has not provided the U.S. Department of Transportation (DOT) with any statutory authority to implement this proposal. The FHWA's new rule resembles a 2017 Obama administration rule that the Trump administration repealed in 2018 after reconsidering its legal authority. Additionally, the rule is facing opposition from state departments of transportation and attorneys general who have raised concerns about its workability.

The resolution has gained support from numerous U.S. Senators, including Shelley Moore Capito (R-WV), Joe Manchin (D-WV), Mitch McConnell (R-KY), and many others. It has also been introduced in the U.S. House of Representatives by U.S. Representatives Rick Crawford (R-AR-01) and Sam Graves (R-MO-06).

This resolution represents a unified effort by lawmakers to challenge what they perceive as a case of federal overreach by the Biden administration. The resolution seeks to nullify the FHWA's GHG emissions performance measures and highlight Congress' objection to these burdensome and unlawful requirements imposed on state transportation departments and planning organizations.