Austin News

U.S. Senators Ted Cruz, Kevin Cramer, and Shelley Moore Capito have submitted a bicameral amicus brief challenging the Biden-Harris administration's greenhouse gas emissions rule on highways. This move follows the decision by the U.S. District Court for the Northern District of Texas to vacate the Federal Highway Administration's (FHWA) rule requiring states to measure highway emissions.

The senators are urging the United States Court of Appeals for the Sixth Circuit to uphold this district court decision. In their brief, they assert that "Congress considered, and ultimately rejected, providing [FHWA] with the authority to issue a GHG performance measure regulation." They argue that FHWA overstepped its bounds by implementing such measures without explicit Congressional approval.

The brief emphasizes that "[FHWA] impermissibly usurped the Legislative Branch’s authority" and violated both separation of powers principles and the Administrative Procedures Act. Alongside Senators Cruz, Cramer, and Capito, several other Republican senators have joined in filing this brief.

This challenge is part of ongoing opposition from some lawmakers who believe FHWA has overreached its authority. In November 2023, FHWA adopted a rule mandating state transportation departments and planning organizations to monitor highway emissions and set reduction targets. Senator Cruz had previously supported a resolution opposing this rule which passed in April with a Senate vote of 53-47.

The legal dispute began when 21 state attorneys general filed lawsuits against the regulation shortly after it was finalized. Although initially ruled illegal by a district court, FHWA appealed to the Sixth Circuit Court of Appeals where it is currently under review.

The senators' amicus brief requests affirmation of the lower court's ruling, arguing that Congress explicitly debated but did not grant FHWA regulatory power over GHG performance measures. They claim that recent Supreme Court decisions highlight limitations on executive power which should apply here as well.