Court strikes down FHWA's greenhouse gas emission rule

Link to press release here.

Chairman Graves & Chairman Crawford Statement on Court Striking Down FHWA’s Illegal GHG Emissions Performance Measure Rule

Washington, D.C., March 28, 2024 | This email address is being protected from spambots. You need JavaScript enabled to view it. (202) 225-9446

Transportation and Infrastructure Committee Chairman Sam Graves (R-MO) and Highways and Transit Subcommittee Chairman Rick Crawford (R-AR) issued a joint statement following a ruling by the U.S. District Court for the Northern District of Texas that the Biden Administration exceeded its statutory authority by imposing a greenhouse gas (GHG) emissions performance measure upon the states:

“This was a clear case of blatant overreach by the Biden Administration from the beginning, and we commend the Court for its ruling that a ‘federal administrative agency cannot act without congressional authorization.’  Congress rejected the inclusion of a GHG performance measure requirement when the infrastructure law was developed, making the Administration’s rulemaking an unlawful attempt to circumvent Congress and force this one-size-fits-all burden upon every state and community across the country.  We appreciate the ruling and remain committed to ensuring the Administration does not exceed its authority.”

The Federal Highway Administration (FHWA) released its final rule in November 2023 imposing a GHG emissions performance measure on state departments of transportation and metropolitan planning organizations despite lacking authority from Congress to do so.  

House and Senate transportation leaders in February introduced a bicameral Congressional Review Act (CRA) Joint Resolution of Disapproval to nullify the FHWA rule and illustrate Congress’ objection to this federal overreach.  

In the House, this effort has been led by Highways and Transit Chairman Crawford, along with Transportation and Infrastructure Chairman Graves.  In the Senate, the effort has been led by Senate Transportation and Infrastructure Subcommittee Ranking Member Kevin Cramer (R-ND) and Senate Environment and Public Works Committee Ranking Member Shelley Moore Capito (R-WV).