What happened: A bipartisan group in the House and Senate Feb. 7 introduced legislation that would nullify the Nov. 22 Federal Highway Administration (FHWA) rulemaking requiring states to monitor greenhouse gas (GHG) emissions. Sens. Kevin Cramer (R-N.D.), Shelley Moore Capito (R-W.Va.), and Joe Manchin (D-W.Va.), along with Reps. Rick Crawford (R-Ark.) and Sam Graves (R-Mo.), filed the joint resolution of disapproval, which would nullify the rule if signed into law.

ARTBA and others support the effort, arguing FHWA is stepping outside the bounds of the 2021 infrastructure law by establishing a performance measure for greenhouse gases.

Why it matters: The GHG rule requires state departments of transportation to establish two- and four-year statewide emissions reduction targets and report their progress towards meeting these goals. States not meeting their GHG reduction targets won’t be penalized by FHWA, but they will be required to submit updated plans detailing how they intend to reach their respective goals.

What’s next: Consideration in the House and Senate is likely in early Spring. Even if passed by both chambers, the legislation faces a likely presidential veto.

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