Republican Lawmakers Target FHWA Rule

Freight Stakeholders Support Joint Resolution on Emissions
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The Federal Highway Administration's rule establishes a method for the measurement and reporting of greenhouse gas emissions associated with transportation. (Department of Transportation)

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Senior Republicans are seeking to undo emissions targets the is requiring of state transportation agencies.

Relying on a procedural resolution, the the recent move by FHWA. The Republican measure鈥檚 consideration has yet to be scheduled for a vote. This procedural tool from Rep. and fellow Republicans coincides with their caucus鈥 opposition to the Biden administration鈥檚 climate change and economic agenda.

鈥淭his one-size-fits-all regulation puts states with more small towns and rural communities that are not able to cut emissions by building a metro system, buying electric buses or building miles of bike lanes between communities at a significant disadvantage,鈥 Crawford, chairman of the , said Feb. 7. 鈥淲hat鈥檚 most galling is that this administration has implemented this rule despite having no statutory authority to do so. This is the heavy hand of the federal government run amok.鈥



Crawford is the joint resolution of disapproval鈥檚 lead sponsor.

鈥淲hile the infrastructure law included provisions to address transportation-related environmental impacts and transportation resiliency, Congress considered and specifically rejected the inclusion of a [greenhouse gas] performance-measure requirement during negotiations,鈥 added , chairman of the Transportation and Infrastructure Committee. 鈥淭he Biden administration needs to implement the law that was written 鈥 not a law that it keeps wishing had been written.鈥

More than five dozen Republican colleagues in the House have co-sponsored the resolution. requires state departments of transportation and metropolitan planning organizations to establish declining carbon dioxide targets. State DOTs and MPOs also are required to issue reports about their progress toward achieving those targets.

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Sen. Kevin Cramer

颁谤补尘别谤听

On the other side of the Capitol, most senators have expressed their support., ranking member of the Transportation and Infrastructure Subcommittee, is leading the effort.

鈥淭he absence of a prohibition is not a license, and yet the Biden administration pushed this illegal and infeasible regulation anyway,鈥 he said. 鈥淣ew York and North Dakota have very different transportation systems, needs and capabilities, but under this one-size-fits-all mandate, they鈥檙e effectively treated the same.鈥

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Shelley Moore Capito

颁补辫颈迟辞听

, ranking member of the , emphasized, 鈥淲hen we negotiated the bipartisan Infrastructure Investment and Jobs Act, we specifically left out the authority FHWA is attempting to exercise with its greenhouse gas emissions performance-measure requirement.

鈥淎s we鈥檝e done before, I am committed to working with my Senate and House colleagues to hold the Biden administration accountable.鈥

Dozens of freight stakeholders have endorsed the lawmaker鈥檚 procedural response to the FHWA rule.

鈥淥ur organizations supported investments made in the IIJA,which include programs dedicated to carbon reduction and infrastructure resilience,鈥 groups such as , the and the wrote lawmakers Feb. 6. 鈥淗owever, regulatory overreach outside the bounds of the IIJA has the potential to limit improvements to our infrastructure. Congress debated authorizing the U.S. Department of Transportation to establish a greenhouse gas performance measure, but it was ultimately excluded from the 2021 [IIJA] law, due to the provision鈥檚 lack of sufficient congressional support.鈥

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Shailen Bhatt

叠丑补迟迟听

The FHWA rule, finalized in December, took effect last month. According to FHWA, the rule establishes a method for the measurement and reporting of greenhouse gas emissions associated with transportation. According to background information from the agency, the rule will pave the way for 鈥渁dding a new greenhouse gas performance-management measure to the existing FHWA national performance measures to establish a national framework to help states track performance and make more informed investment decisions.鈥 Additionally, it will be 鈥渃reating a flexible system under which state DOTs and MPOs will set their own targets for reducing greenhouse gas emissions from roadway travel.鈥

said Nov. 22, 鈥淭ransportation is the leading source of greenhouse gas emissions in the U.S., and reducing emissions from that sector while ensuring our economy works for everyday Americans is critical to addressing the climate crisis. We don鈥檛 expect state DOTs and MPOs to solve a problem this large on their own, which is why this performance measure does not impose penalties for those who miss their targets.鈥

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