Proposed Emissions Rule Exceeds FHWA’s Authority, ARTBA Says

What happened: In comments filed Oct. 13, ARTBA told the Federal Highway Administration (FHWA) that it lacked the authority to propose a rule creating a measurement system for greenhouse gas emissions (GHG) from transportation projects.

Why it matters: The proposed rule directs states and localities to establish GHG emissions targets and develop a method for measuring these emissions from the transportation sector. In its comments, ARTBA cited the agency’s previous 2018 conclusion that such a rule was beyond the scope of its congressional authority. It offered further evidence of the FHWA’s overreach by noting that though the idea of a GHG measurement system was considered and passed by the House of Representatives in 2021, it was omitted from last year’s Infrastructure Investment and Jobs Act (IIJA). ARTBA added that in West Virginia v. U.S. Environmental Protection Agency (EPA), the U.S. Supreme Court in June decided against federal agencies straying beyond the missions set for them by Congress. The association also said FHWA’s proposal could endanger future congressional bipartisan transportation negotiations, serving “as a distraction – and point of contention with some in Congress – when all parties should be focused on delivering needed transportation infrastructure improvements to every state and community.’

What’s next: There is no set timetable for the FHWA to release its rule. ARTBA will continue to keep its members informed on this important issue.