Crapo, Risch Join Effort to Protect Idaho Transportation Department from Federal Overreach

Washington, D.C.--U.S. Senators Mike Crapo (R-Idaho) and Jim Risch (R-Idaho) joined a bicameral group of colleagues in filing an amicus brief requesting an Appeals Court uphold a District Court decision vacating a rule that would require local entities to regulate greenhouse gas (GHGs) emissions from cars and trucks.

In November 2023, the Federal Highway Administration (FHWA) adopted a final rule requiring state departments of transportation and metropolitan planning organizations to measure GHG emissions on the highway system and set declining targets. The rule would hamstring the Idaho Transportation Department with costly and burdensome requirements that would divert limited funds for needed infrastructure improvements across the state to costly and expensive compliance measures by the federal government.

Crapo and Risch joined a bipartisan Congressional Review Act joint resolution of disapproval to overturn the rule. The resolution passed the Senate by a vote of 53 to 47 in April, reiterating Congress's opposition to FHWA's overreach

Shortly after the rule was finalized, 21 state attorneys general filed litigation challenging the regulation. The U.S. District Court found the Biden Administration rule to be illegal, but FHWA appealed the decision to the Sixth Circuit Court of Appeals and it remains under further consideration.

The brief, led by Senators Kevin Cramer (R-North Dakota) and Shelley Moore Capito (R-West Virginia), 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.

"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 Procedure Act," continued the members.

Additional cosigners of the amicus brief include U.S. Senators John Barrasso (R-Wyoming), John Boozman (R-Arkansas), Mike Braun (R-Indiana), Katie Britt (R-Alabama), Ted Cruz (R-Texas), Steve Daines (R-Montana), Joni Ernst (R-Iowa), Deb Fischer (R-Nebraska), Lindsey Graham (R-South Carolina), John Hoeven (R-North Dakota), Cindy Hyde-Smith (R-Mississippi), Cynthia Lummis (R-Wyoming), Roger Marshall (R-Kansas), Mitch McConnell (R-Kentucky), Markwayne Mullin (R-Oklahoma), Pete Ricketts (R-Nebraska), Mike Rounds (R-South Dakota), Marco Rubio (R-Florida), Rick Scott (R-Florida), Tim Scott (R-South Carolina), Dan Sullivan (R-Arkansas), John Thune (R-South Dakota), Tommy Tuberville (R-Alabama), Roger Wicker (R-Mississippi), and U.S. Representatives Sam Graves (R-Missouri), Chairman of the Transportation and Infrastructure Committee, and Rick Crawford (R-Arkansas), Chairman of the Highways and Transit Subcommittee.

Click here for the amicus brief.