The emissions regulation mandates transportation departments to assess and establish goals for reducing their transportation-linked greenhouse gas emissions.
The U.S. Senate has moved to overturn a Federal Highway Administration (FHWA) regulation that mandates states to measure and set goals for curbing carbon emissions from vehicles on the national highway system. The regulation, known as Reg. 2125-AF99, was issued in November 2023 and is a key component of President Joe Biden's plan to reduce carbon emissions by 50% by 2030.
The Senate passed a disapproval resolution on April 10 with a 53-47 vote, reflecting bipartisan support against the FHWA's rule. Senators Kevin Cramer (R-N.D.), Shelley Moore Capito (R-W.Va.), Joe Manchin (D-W.Va.), Jon Tester (D-Mont.), and Kyrsten Sinema (I-Ariz.) led the charge against the regulation, citing concerns over economic impact, state autonomy, and executive overreach.
"Few things are more frustrating in government than unelected bureaucrats asserting authority they don’t have and foisting federal mediocrity on the excellence of states," said Mr. Cramer in his remarks on the Senate floor.
The American Trucking Association (ATA), representing the trucking industry, has also supported the resolution. Ed Gilroy, ATA Chief Advocacy and Public Affairs Officer, stated, "States are best equipped to determine their transportation needs, but this rule would create unnecessary bureaucratic barriers to access federal funds and scramble local priorities."
The legal landscape surrounding the emissions rule has been contentious, with two federal judges issuing rulings against the regulation. A Texas judge issued a nationwide injunction, asserting that the rule exceeds the FHWA's statutory authority. Another judge in Kentucky blocked the rule in the 21 plaintiff states, requesting further briefs to determine an appropriate remedy.
Despite the Senate's decision and the judicial rulings, the White House has indicated that President Biden would veto the resolution if it passes, emphasizing the rule as a "common-sense, good-government tool" for managing transportation-related emissions.
An FHWA spokesperson commented on the situation, signaling the administration's commitment to the climate policy. "The Department of Transportation and Federal Highway Administration remain committed to supporting the Biden-Harris administration’s climate goals of cutting carbon pollution in half by 2030 and achieving net-zero emissions by 2050," the FHWA spokesperson stated.
