Central Louisiana News

U.S. Senators Bill Cassidy, Kevin Cramer, Shelley Moore Capito, and their colleagues have submitted an amicus brief to the Fifth Circuit Court of Appeals. The brief challenges the Federal Highway Administration's (FHWA) rule that mandates greenhouse gas emissions performance measures for state departments of transportation and metropolitan planning organizations. The senators argue that the FHWA lacks Congressional authority to enforce such regulations.

The brief claims that Congress had previously debated and decided against granting the FHWA the power to issue these performance measure rules. It accuses the FHWA of misinterpreting Congressional intent to justify its actions. Furthermore, it suggests that this rulemaking is inconsistent with recent Supreme Court decisions aimed at limiting Executive Branch overreach and alleges that the FHWA is disregarding federalism principles to advance its policy goals.

"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," wrote the members. "In doing so, [FHWA] impermissibly usurped the Legislative Branch’s authority and promulgated the GHG performance measure without statutory authority delegated by Congress."

The brief further states: "Put simply, when [FHWA] established a GHG performance measure regulation, it exceeded the powers Congress authorized. And it did so both at the expense of separation of powers and in violation of the Administrative Procedure Act."

Joining Senators Cassidy, Cramer, and Capito in filing this brief are U.S. Senators John Barrasso, John Boozman, John Cornyn, Ted Cruz, Mike Crapo, Steve Daines, Joni Ernst, Lindsey Graham, John Hoeven, Cindy Hyde-Smith, Cynthia Lummis, Roger Marshall, Jerry Moran, Markwayne Mullin, Pete Ricketts, Jim Risch, Marco Rubio, Tim Scott, Dan Sullivan, John Thune, Roger Wicker; along with U.S. Representatives Sam Graves and Rick Crawford.