The U.S. Senate recently passed a disapproval resolution targeting a regulation by the Federal Highway Administration (FHWA) that required states to measure and set goals for reducing carbon emissions from vehicles on the national highway system.
The regulation, known as Reg. 2125-AF99 was issued in November 2023 as part of President Joe Biden’s climate initiatives aimed at cutting carbon emissions by 2030.
The resolution to overturn this regulation was introduced in February by Senators Kevin Cramer (R-N.D.), Shelley Moore Capito (R-W.Va.), Joe Manchin (D-W.Va.), along with support from Senator Jon Tester (D-Mont.) and Senator Kyrsten Sinema (I-Ariz.). It passed the Senate with a 53-47 vote on April 10.
Joe Biden (Credits: The White House)
Critics of the Greenhouse Gas Emissions Rule argue that it could hinder job creation, impede economic development, burden states with costly regulations, and represent executive overreach. They assert that states should have more autonomy in determining their transportation needs without federal interference.
The American Trucking Association (ATA), the largest national trade association for the trucking industry, welcomed the Senate’s decision to pass the disapproval resolution.
ATA’s Chief Advocacy and Public Affairs Officer, Ed Gilroy, stated that the FHWA’s rule lacked a statutory basis and would lead to delays or cancellations of infrastructure projects, adding unnecessary bureaucracy to the process.
Joe Biden (Credits: The Intercept)
Recent judicial rulings have also challenged the FHWA’s regulation. A Texas judge issued a nationwide injunction, finding that the rule exceeded the FHWA’s authority. Another judge in Kentucky ruled the regulation as executive overreach but limited the injunction to the plaintiff states and requested further briefings on the appropriate remedy.
The Senate’s action reflects ongoing debates about federal regulations, state autonomy, and environmental policies impacting the transportation sector. As the resolution moves forward, it underscores the complications and controversies surrounding climate-related regulations and their implementation at the federal level.
