Press Release

ATA-Endorsed Effort to Roll Back FHWA Greenhouse Gas Rule Moves Forward

Apr 10, 2024

Washington — The Senate voted 53-47 today to pass a resolution to block a rule by the Federal Highway Administration that will impose greenhouse gas (GHG) emissions performance measures on state departments of transportation and metropolitan planning organizations.
Late last year, FHWA published its final rule despite the fact that it lacks any statutory basis.  Under the rule, state and local transportation agencies would be required to measure and report their current GHG emissions, set targets for reductions and report on the progress towards meeting those goals.  Consequently, this rule could lead to the delay or cancellation of some infrastructure projects.
“The FHWA’s GHG emissions performance measures lack statutory authority and are a flagrant example of executive overreach,” said ATA Chief Advocacy and Public Affairs Officer Ed Gilroy.  “States are best equipped to determine their transportation needs, but this rule would create unnecessary bureaucratic barriers to access federal funds and scramble local priorities.  Ultimately, this heavy-handed approach would undermine highway expansion projects, leading to greater traffic congestion and higher shipping costs that contribute to inflation.” 
The resolution of disapproval, which was authored by Senators Kevin Cramer (R-North Dakota) and Shelley Moore Capito (R-West Virginia) and Representatives Rick Crawford (R-Arkansas) and Sam Graves (R-Missouri), must now pass the House before heading to the President’s desk.

“We commend Sens. Cramer and Capito and Reps. Crawford and Graves for their leadership, and we applaud the Senate for advancing this commonsense legislation to reverse FHWA’s errant rulemaking, protect our supply chain, and expand our transportation network,” Gilroy said.