Tuberville Continues Push Against Woke Emissions Rule from Biden-Harris Department of Transportation

Rule places one-size-fits-all requirements on cities and states

WASHINGTON - U.S. Senator Tommy Tuberville (R-AL) joined U.S. Senator Kevin Cramer (R-ND) in a bicameral amicus brief requesting the Appeals Court uphold the U.S. District Court decision that ruled the Biden-Harris administration's final rule as illegal. The dysfunctional rule would impose one-size-fits-all requirements on how state departments of transportations (DOT) and cities report and measure greenhouse gas (GHG) emissions on the highway system. This rule requires cities and state DOTs to set declining targets for GHG emissions, which is a huge burden for rural states, like Alabama. However, the Federal Highway Administration (FHWA) appealed the decision, and it remains under further consideration.

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

"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 Procedures Act," continued the members.

The brief argues Congress debated and rejected granting FHWA the authority to issue GHG performance measure rules and the FHWA then intentionally misconstrued Congressional intent to justify its improper exercise of authority. It also argues the rulemaking is not consistent with recent Supreme Court decisions paring back Executive Branch overreach, and FHWA is bypassing principles of federalism to further its own policy agenda.

Joining U.S. Senators Tuberville and Cramer are U.S. Senators John Barrasso (R-WY), John Boozman (R-AR), Mike Braun (R-IN), Katie Britt (R-AL), Shelley Moore Capito (R-WV), Ted Cruz (R-TX), Mike Crapo (R-ID), Steve Daines (R-MT), Joni Ernst (R-IA), Deb Fischer (R-NE), Lindsey Graham (R-SC), John Hoeven (R-ND), Cindy Hyde-Smith (R-MS), Cynthia Lummis (R-WY), Roger Marshall (R-KS), Mitch McConnell (R-KY), Markwayne Mullin (R-OK), Pete Ricketts (R-NE), Jim Risch (R-ID), Mike Rounds (R-SD), Marco Rubio (R-FL), Rick Scott (R-FL), Tim Scott (R-SC), Dan Sullivan (R-AK), John Thune (R-SD), and Roger Wicker (R-MS).

U.S. Representatives Sam Graves (R-MO-6) and Rick Crawford (R-AR-1) introduced the brief in the House of Representatives.

Read full text of the amicus brief here.

BACKGROUND:

In November 2023, the FHWA adopted a final rule that would impose burdensome GHG emissions performance measures on state departments of transportation and metropolitan planning organizations. This unnecessary rule will require state DOTs and metropolitan planning organizations to set declining targets for greenhouse gas emissions on the National Highway System. Many states, particularly rural states like Alabama, have criticized the proposal as an undue burden and impractical in areas where traffic congestion and emissions are already scarce. Furthermore, Congress has not provided the Department of Transportation (DOT) with any statutory authority to implement this proposal as the authority was intentionally struck from the Infrastructure Investment and Jobs Act (IIJA) before enactment by the Senate Environment and Public Works (EPW) Committee.

In 2018, the Trump administration repealed an Obama administration 2017 FHWA rule after reconsidering the legal authority under which it was publicized. Unsurprisingly, the new FHWA rule resembles the 2017 Obama administration rule. A majority of state DOTs and attorneys general, including Alabama's Attorney General, have raised concerns about the feasibility of the rule, which is another example of the Biden administration's overreach that imposes unlawful burdens on the American people.

Earlier this year, Senator Tuberville joined his colleagues in introducing a bicameral, bipartisan Congressional Review Act (CRA) Joint Resolution to nullify the rule. Following this effort, the Senate passed the CRA by a vote of 53-47 in April.

MORE:

Tuberville, Colleagues Call to Overturn Radical EPA Emissions Standards

Senate Passes Tuberville-Backed Resolution to Overturn Biden GHG Emissions Performance Measure Rule

Tuberville Sponsors Resolution to Overturn Biden GHG Emissions Performance Measure Rule

Tuberville, Colleagues Demand Answers Regarding Proposed Biden ESG Rule for Federal Contractors

Tuberville, Cruz Fight Biden-Harris Woke EV Standards

Tuberville Continues to Fight Biden Administration Overreach

Tuberville Demands EPA Rescind Job-Killing Air Quality Standards

Tuberville Sponsors Bill to Protect Farmers from Burdensome Biden Climate Rule

Tuberville, Colleagues Work to Halt DoD's Wasteful Green New Deal Mandates

Senator Tommy Tuberville represents Alabama in the United States Senate and is a member of the Senate Armed Services, Agriculture, Veterans' Affairs, and HELP Committees.

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