Central ND News

In November 2023, the Federal Highway Administration (FHWA) introduced a rule mandating state departments of transportation and metropolitan planning organizations to measure greenhouse gas emissions on highways and set reduction targets. However, Congress had not authorized the Department of Transportation to enforce such regulations.

Following the rule's finalization, attorneys general from 21 states, including North Dakota, challenged it in court. The U.S. District Court for the Western District of Kentucky deemed the rule illegal, prompting an appeal by the Biden administration's FHWA to the Sixth Circuit Court of Appeals. In October, key congressional figures such as U.S. Senator Kevin Cramer (R-ND), U.S. Senator Shelley Moore Capito (R-WV), and U.S. Representatives Sam Graves (R-MO-6) and Rick Crawford (R-AR-1) submitted an amicus brief opposing the rule.

The Sixth Circuit Court of Appeals has now dismissed the case with prejudice at the Trump administration's request, concluding a lengthy legal battle. Senator Cramer commented on this development: "This is really big news, and this dismissal reinforces the fundamental principle: federal agencies do not have authority Congress doesn’t grant them." He criticized what he described as an attempt by "the Biden Federal Highway Administration" to implement a "radical, crazy, bizarro climate agenda."

Senator Capito expressed similar sentiments: “The greenhouse gas emissions performance measure rule would have limited the flexibility of states to advance their own transportation investment priorities that meet the needs of their constituents.” She praised President Trump's FHWA decision to terminate what she called an "unlawful rule."

Separately, Texas filed its lawsuit against FHWA resulting in a decision by the District Court for the Northern District of Texas vacating the Biden rule. This ruling was also appealed by the Department of Transportation.

Earlier efforts included a Congressional Review Act joint resolution led by Senator Cramer aiming to overturn this regulation. The Senate passed this resolution with a vote count of 53 to 47 in April.