Senate Nullifies Biden’s Greenhouse Gas Emissions Rule
The greenhouse gas emissions rule would require transportation departments to measure their transportation-related emissions and establish reduction targets.
The U.S. Senate has approved a resolution overturning a regulation from the Federal Highway Administration (FHWA) that mandated states to measure and set goals for reducing carbon emissions from vehicles using the national highway system.
Reg. 2125-AF99 was issued by the FHWA in November 2023 as part of President Joe Biden’s initiative to cut carbon emissions by half by 2030. It would mandate state transportation departments and metropolitan planning organizations to measure their transportation-related emissions and establish reduction targets.
Several states have filed lawsuits against the Greenhouse Gas Emissions Rule, arguing that it could hinder job creation, impede future economic development, burden states with costly regulations, and represent an overreach by the executive branch.
Sen. Jon Tester (D-Mont.) and Sen. Kyrsten Sinema (I-Ariz.) also supported the resolution.
“Few things are more frustrating in government than unelected bureaucrats asserting authority they don’t have and imposing federal mediocrity on the excellence of states,” Mr. Cramer expressed in his post-vote remarks on the Senate floor.
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Truckers Support Scrapping Emissions Rule
The largest national trade association for the trucking industry, the American Trucking Association (ATA), praised the Senate passing the disapproval resolution in an April 10 media release.
According to ATA Chief Advocacy and Public Affairs Officer Ed Gilroy, the FHWA’s Greenhouse Gas Emissions Rule lacks any statutory basis and could result in the delay or cancellation of certain infrastructure projects.
He also criticized it as a blatant example of executive overreach, claiming that it unnecessarily adds bureaucracy to relatively simple processes.
“States are best positioned to assess their transportation needs, but this rule would create unnecessary bureaucratic obstacles to accessing federal funds and disrupt local priorities,” he stated.
“Ultimately, this heavy-handed approach would hinder highway expansion projects, resulting in increased traffic congestion and higher shipping costs that contribute to inflation.”
In recent weeks, two federal judges have ruled against the FHWA’s regulation. In late March, a judge in Texas found that the rule exceeded the FHWA’s statutory authority and issued a nationwide injunction.
Last week, another judge in Kentucky similarly determined that the FHWA’s regulation constituted executive overreach. However, Judge Benjamin Beaton only halted the gas emissions rule in the 21 plaintiff states, not across the nation. He also requested the plaintiffs to submit supplemental briefs “on the proper remedy” within three weeks due to potentially conflicting requirements from other courts.
White House Not Backing Down
In anticipation of the vote, the White House announced that President Biden would veto the resolution if passed. According to the White House, it “would eliminate” a practical, effective tool for transparently managing transportation-related greenhouse gas emissions and guiding transportation investment decisions.
An FHWA spokesperson also released a statement discussing the agency’s intention to potentially continue supporting Reg. 2125-AF99, despite strong opposition and court rulings blocking its enforcement.
“The Department of Transportation and Federal Highway Administration remain committed to advancing the Biden-Harris administration’s climate objectives of halving carbon pollution by 2030 and achieving net-zero emissions by 2050,” the spokesperson asserted.
“We are assessing the court’s decision and determining the next steps.”
