Charleston Leader

U.S. Senators Shelley Moore Capito and Kevin Cramer, along with 28 colleagues, have filed a bicameral amicus brief in the U.S. Court of Appeals for the Sixth Circuit. The brief challenges a Federal Highway Administration (FHWA) rule that mandates state transportation departments and metropolitan planning organizations to measure greenhouse gas emissions on highways and set reduction targets.

The senators argue that Congress debated but ultimately rejected granting FHWA authority to issue this rule within the Infrastructure Investment and Jobs Act. They claim FHWA misinterpreted congressional intent by using unrelated statutory authorities to justify its greenhouse gas performance measure rule. The brief also suggests the rule is inconsistent with recent Supreme Court decisions limiting Executive Branch overreach and accuses FHWA of ignoring federalism principles.

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

The amicus brief was signed by Senate Republican Leader Mitch McConnell and several other senators including John Barrasso, Ted Cruz, Marco Rubio, Rick Scott, Tim Scott among others. U.S. Representatives Sam Graves and Rick Crawford also co-signed.

Earlier this year, in April, the U.S. Senate approved a Congressional Review Act joint resolution disapproving of this rule by a vote of 53-47. This measure was sponsored by Senator Cramer and co-sponsored by Ranking Member Capito.