Romney Joins Colleagues in Resolution to Overturn FHWA’s GHG Emissions Performance Measure Rule

WASHINGTON—U.S. Senator Mitt Romney (R-UT) today joined his colleagues, led by Senators Kevin Cramer (R-ND), Shelley Moore Capito (R-WV), and Joe Manchin (D-WV), in introducing a bicameral, bipartisan Congressional Review Act (CRA) Joint Resolution of Disapproval to nullify the FHWA rule and illustrate Congress’ objection to this federal overreach. The Federal Highway Administration (FHWA) finalized a rule in November 2023, imposing greenhouse gas (GHG) emissions performance measures on state departments of transportation and metropolitan planning organizations despite lacking the authority from Congress to do so.

“The latest highway emissions measures implemented by the Biden Administration are yet another example of Washington pretending to know what’s best for our states,” said Senator Romney. “It is unserious to expect that Utah could meet these unattainable standards—especially for the Utahns who live and work in the rural parts of our state. Their ability to work, travel, and go about their daily lives would be severely restricted, which is why I’m proud to join my colleagues in opposing this mandate.”

“The absence of a prohibition is not a license, and yet the Biden administration pushed this illegal and infeasible regulation anyway. New York and North Dakota have very different transportation systems, needs, and capabilities, but under this one-size-fits-all mandate, they’re effectively treated the same. A subway stop at a cattle ranch is silly and unserious, and so is the idea of widespread EV use in North Dakota. Nearly half the Senate cosponsored this resolution from the onset, showing strong appetite for this rule to be defeated,” said Senator Cramer, Ranking Member of the Senate Environment and Public Works Subcommittee on Transportation and Infrastructure.

“Once again, the Biden administration is blatantly neglecting the letter of a bipartisan law passed by Congress and signed by the president himself. FHWA’s final rule limits the flexibility of states to advance their own transportation investment priorities, jeopardizing critical investments, jobs, and economic growth across the country. When we negotiated the bipartisan Infrastructure Investment and Jobs Act, we specifically left out the authority FHWA is attempting to exercise with its greenhouse gas emissions performance measure requirement. As we’ve done before, I am committed to working with my Senate and House colleagues to hold the Biden administration accountable,” said Senator Capito, Ranking Member of the Senate Environment and Public Works Committee.

“The FHWA’s final rule is yet another example of irresponsible federal overreach. This rule will cause serious economic damage to our transportation industries, especially in rural states like West Virginia with heavy freight traffic. Let me be clear – the Administration does not have the authority to burden state DOTs with these radical emissions performance measures without Congressional direction. I’m proud to introduce this resolution of disapproval and I encourage my colleagues on both sides of the aisle to oppose the FHWA’s unlawful and economically irresponsible power grab,” said Senator Manchin, Chairman of the Senate Energy and Natural Resources Committee.

Additional cosponsors include U.S. Senators Mitch McConnell (R-KY), John Thune (R-SD), John Hoeven (R-ND), Roger Marshall (R-KS), Ted Budd (R-NC), Pete Ricketts (R-NE), John Cornyn (R-TX), John Barrasso (R-WY), Tom Cotton (R-AR), Mike Braun (R-IN), Cindy Hyde-Smith (R-MS), Markwayne Mullin (R-OK), Joni Ernst (R-IA), Deb Fischer (R-NE), Roger Wicker (R-MS), Steve Daines (R-MT), Mike Crapo (R-ID), Mike Rounds (R-SD), Ted Cruz (R-TX), Eric Schmitt (R-MO), Mike Lee (R-UT), Thom Tillis (R-NC), Marsha Blackburn (R-TN), John Boozman (R-AR), Bill Hagerty (R-TN), Cynthia Lummis (R-WY), Chuck Grassley (R-IA), Tommy Tuberville (R-AL), James Risch (R-ID), Dan Sullivan (R-AK), Marco Rubio (R-FL), James Lankford (R-OK), Tim Scott (R-SC), Rick Scott (R-FL), Lindsey Graham (R-SC), Susan Collins (R-ME), Katie Boyd Britt (R-AL), Jerry Moran (R-KS), Lisa Murkowski (R-AK), Bill Cassidy, M.D. (R-LA), John Kennedy (R-LA), Todd Young (R-IN), Ron Johnson (R-WI), and Josh Hawley (R-MO). Congressman Rick Crawford (R-AR-01), Chairman of the House Highways and Transit Subcommittee, and Congressman Sam Graves, Chairman of the House Transportation and Infrastructure Committee, are leading the effort in the House.

Full text of the resolution can be found here.