Senate Passes Resolution Disapproving FHWA GHG Rule

What happened: The U.S. Senate April 10 passed 53-47 a resolution that, if enacted, would overturn a Federal Highway Administration (FHWA) rule requiring states to measure and set targets for greenhouse gas emissions (GHG) when planning highway construction projects.

The Senate’s action comes after federal courts in both Texas and Kentucky ruled that FHWA’s regulation exceeded the agency’s statutory authority. The Texas court vacated the rule nationwide.

In both court cases, ARTBA and the Associated General Contractors (AGC) of America filed joint amicus briefs supporting 22 states opposed to the FHWA rule.

Why it matters: The vote demonstrates bipartisan opposition to the FHWA mandate. ARTBA and AGC led 40 national organizations in a letter of support for Congressional action to block the rule from being implemented.

What’s next: If passed by the House, the Congressional Review Act resolution faces a likely veto by President Joe Biden, according to a White House statement. The administration may deploy additional legal strategies and is also likely to appeal one or both court decisions. The ARTBA contact is Prianka Sharma.