Central ND News

WASHINGTON – In a significant development, the bipartisan legislation introduced by Senator Kevin Cramer (R-ND) to overturn the Federal Highway Administration's illegal emissions rule has successfully passed the Senate with a vote of 53 to 47.

Senator Cramer, along with Senators Shelley Moore Capito (R-WV) and Joe Manchin (D-WV) and Representatives Rick Crawford (R-AR-01) and Sam Graves (R-MO-06), led the effort to introduce a Congressional Review Act (CRA) Joint Resolution of Disapproval aimed at nullifying the FHWA rule. The legislation aimed to showcase Congress' objection to the overreach by the Department of Transportation.

During his remarks on the Senate floor, Senator Cramer emphasized the importance of overturning the greenhouse gas performance measure regulation, stating, "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."

The legislation was a response to the FHWA's rule that mandated the measurement of greenhouse gas emissions on the highway system and the setting of declining targets, a move that lacked any authority from Congress. Senator Cramer criticized the agency's rationale, stating, "The Federal Highway Administration provided a very novel rationale."

The lack of statutory authority for the proposal was highlighted by Judge James Wesley Hendrix of the U.S. District Court for the Northern District of Texas, who emphasized that agencies must abide by the law and not invent the authority they desire. Meanwhile, Judge Benjamin Beaton of the U.S. District Court for the Western District of Kentucky raised concerns about the potential corruption of federalism if agencies were allowed to impose policies on state Departments of Transportation.

Senator Cramer's efforts to challenge the rule included multiple actions over the past year, including writing op-eds, introducing amendments, and engaging in litigation. The successful passage of the bipartisan legislation in the Senate marks a significant step towards nullifying the controversial FHWA rule that has faced opposition from various states and legal challenges.

The resolution's success in the Senate indicates a strong bipartisan stance against what was perceived as an overreach by the federal government, with Senator Cramer leading the charge to restore the balance of powers outlined in Article One.