Central ND News

Two federal courts have recently issued decisions against the Federal Highway Administration’s rule requiring states to measure tailpipe emissions on the National Highway System, sparking a wave of criticism and legal action. U.S. Senator Kevin Cramer of North Dakota expressed his strong opposition to the rule, emphasizing that Congress never granted the Executive Branch the authority to implement such regulations.

Cramer stated, “The absence of a prohibition is not a license for the bureaucracy to do whatever it pleases. Congress debated and declined to give FHWA the authority to promulgate this rule, yet the agency pushed forward anyway. These rulings underscore agencies must abide by the law, not invent the authority they desire. North Dakota resoundingly rejects this illegal rule.”

Judge James Wesley Hendrix of the U.S. District Court for the Northern District of Texas also weighed in, emphasizing that the Department of Transportation lacked the authority to enact the 2023 Rule. He stated, “An agency can only do what the people authorize it to do, and the plain language of Section 150(c)(3) and its related statutory provisions demonstrate the DOT was not authorized to enact the 2023 Rule.”

Similarly, Judge Benjamin Beaton of the U.S. District Court for the Western District of Kentucky expressed concerns about the implications of allowing the Administrator to impose national greenhouse-gas policy on state Departments of Transportation. He stated, “If the Administrator were allowed to shove national greenhouse-gas policy into the mouths of uncooperative state Departments of Transportation, this would corrupt the separation of sovereigns central to our lasting and vibrant system of federalism. Neither the Constitution nor the Administrative Procedure Act authorizes administrative ventriloquism.”

Senator Cramer has been actively working to nullify the FHWA rule, introducing a bicameral, bipartisan Congressional Review Act Joint Resolution of Disapproval to eliminate the regulation. He has garnered significant support, with half the Senate signing on as cosponsors. Additionally, a majority of states and transportation departments have voiced their opposition to the rule's assumptions and lack of authority.

The Biden administration has faced mounting pressure to acknowledge the illegality of the rule and take action to address the concerns raised by the courts and lawmakers. The ongoing legal battle and legislative efforts underscore the importance of upholding the separation of powers and ensuring that regulatory agencies operate within the bounds of their authorized powers.