The Senate passed a disapproval resolution overturning a Transportation Department rule requiring states to measure and set goals for reducing carbon emissions from cars and trucks on the road.
The measure, introduced by Sens. Kevin Cramer (R-ND), Shelley Moore Capito (R-WV), and Joe Manchin (D-WV), passed a 53 to 47 vote, sending the resolution to the House. Three Democrats and independent Sen. Kyrsten Sinema (AZ) joined Republicans to support overturning the rule.
The disapproval resolution is aimed at a rule finalized by the Federal Highway Administration in November that establishes a method for the agency to measure and report greenhouse gas emissions from vehicles. It also requires state departments of transportation and local planning organizations to establish carbon targets and report on progress toward meeting those goals.
The rule doesn’t mandate how low the targets should be, but rather that states have targets. Local authorities are provided flexibility to set their own goals that are appropriate for their own climate change priorities, “as long as the targets aim to reduce emissions over time.” But it’s ultimately up to the Federal Highway Administration to assess if state DOTs have made significant progress toward achieving their targets.
Still, Republicans blasted the rule as an overreach from the executive branch, and argued that it would saddle states with costly regulations.
“Now, we, the elected policymakers in our system, have the opportunity to correct course and spare the taxpayers the gross expense of litigating this demonstration of bureaucratic arrogance,” Cramer said during a floor speech Wednesday.
Green groups defended the rule, pushing back against criticisms of the measure being a “one-size-fits-all” mandate. In a March blog post, the National Resources Defense Council argued that the Transportation Department has the statutory authority to have states measure and set targets to reduce greenhouse gas emissions from vehicles. Furthermore, the group discounted claims that the rule would cause damage to state economies, stating that compliance costs with the rule are projected to be “minimal” as they argue that states already have the tools to set targets and track progress.
The White House said that President Joe Biden would veto the measure. In the veto threat, the administration noted that the 2021 bipartisan infrastructure law included more than $27 billion in funding for transportation projects meant to reduce emissions and increase efficiency.
The FHWA reasons in its rule that environmental performance is “central” to proper administration of the programs created by the infrastructure law.
Still, it’s unclear what the fate of the rule will be as Republican-led states battle the policy in the courts. Just last month, a Texas judge struck down the rule in a case filed by the state, arguing the agency overstepped its authority. A separate lawsuit filed by 21 other GOP states against the FHWA led to a Kentucky judge ruling that the policy was unlawful but declining to vacate the rule, mentioning the Texas case.