In November 2023, the Federal Highway Administration (FHWA) established a rule requiring state departments of transportation and metropolitan planning organizations to measure greenhouse gas emissions on highways and set targets for reduction. However, Congress had not granted the Department of Transportation this authority.
Following the finalization of the rule, attorneys general from 21 states, including North Dakota, initiated litigation challenging its legality. The U.S. District Court for the Western District of Kentucky ruled against the regulation, but the Biden administration’s FHWA appealed to the Sixth Circuit Court of Appeals. In October, several key figures including U.S. Senator Kevin Cramer (R-ND), U.S. Senator Shelley Moore Capito (R-WV), 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 request of the Trump administration, concluding a year-long legal battle. “This is really big news,” stated Cramer in response to the dismissal, emphasizing that federal agencies must operate within authority granted by Congress.
Cramer further criticized what he described as an attempt by “the Biden Federal Highway Administration” to enforce a regulation without legal backing, which he claimed was part of a “radical” climate agenda. He expressed gratitude towards his colleagues and states for opposing what he termed an unlawful mandate.
Sen. Capito said off the decision that, “The greenhouse gas emissions performance measure rule would have limited the flexibility of states.” She said that it diverted focus from essential infrastructure projects like roads and bridges, potentially impacting jobs and economic growth nationwide.
