The U.S. Senate on April 10 voted 53-47 to approve a bipartisan joint resolution of disapproval cosponsored by U.S. Sen. Shelley Moore Capito (R-WV) that aims to overturn the Biden administration’s greenhouse gas (GHG) emissions performance measure final rule.
“Today, the Senate rejected the Biden administration’s attempt to ignore the letter of the Bipartisan Infrastructure Law and impose its extreme climate agenda on states across the country,” Sen. Capito said on Wednesday.
In 2023, the Federal Highway Administration (FHWA) issued a rule mandating that state departments of transportation and metropolitan planning organizations set declining emissions targets, using authority that specifically was excluded from the Infrastructure Investment and Jobs Act, also known as the Bipartisan Infrastructure Law that was signed into law in 2021.
In response, Sen. Capito and U.S. Sen. Joe Manchin (D-WV) on Feb. 7 signed on as two of 47 original cosponsors of Senate Joint Resolution 61, which U.S. Sen. Kevin Cramer (R-ND) sponsored to provide congressional disapproval of the FHWA rule related to “National Performance Management Measures; Assessing Performance of the National Highway System, Greenhouse Gas Emissions Measure,” according to the text of the joint resolution.
Two federal district courts this year also have ruled that the performance measure was not authorized by law, according to Sen. Capito’s staff.
“Beyond the economic harm a [GHG] emissions requirement would cause, the main problem with the FHWA issuing this regulation is it simply lacks the authority to do so,” said Sen. Capito. “I’m glad a bipartisan group of colleagues joined us in sending a clear message to the administration that we will continue to hold them accountable for executive overreach.”
A companion version of the joint resolution of disapproval was also introduced in February by US. Reps. Sam Graves (R-MO) and Rick Crawford (R-AR).
Numerous groups and organizations support the joint resolution, including the Associated General Contractors of America, the American Road & Transportation Builders Association, the Agricultural Retailers Association, the American Farm Bureau, the Concrete Reinforcing Steel Institute, the National Association of Manufacturers, the National Association of Wholesaler-Distributors, the U.S. Cattlemen’s Association, and the U.S. Chamber of Commerce, among others.