U.S. SENATE – U.S. Senator Steve Daines joined a bicameral amicus brief challenging a new rule from Biden-Harris’ Federal Highway Administration (FHWA) that requires state departments of transportation and metropolitan planning organizations to measure greenhouse gas emissions on the highway system and set declining targets.
“This is just another example of the Biden-Harris administration’s executive overreach that attacks our Montana way of life and does nothing but fuel climate alarmism. This rule by the FHWA is unsustainable for rural communities in Montana and I’m proud to join my colleagues in fighting against the Biden-Harris administration’s radical climate agenda,” said Daines.
Shortly after the rule was finalized, 21 state attorneys general, including Montana Attorney General Austin Knudsen, filed litigation challenging the regulation. The U.S. District Court found the Biden-Harris administration rule to be illegal, but FHWA appealed the decision to the Sixth Circuit Court of Appeals and it remains under consideration.
The brief argues Congress debated and rejected granting FHWA the authority to issue greenhouse gas performance measure rules and the FHWA then intentionally misconstrued Congressional intent to justify its improper exercise of authority. It also argues the rulemaking is not consistent with recent Supreme Court decisions paring back Executive Branch overreach, and FHWA is bypassing principles of federalism to further its own policy agenda.
Daines joined U.S. Senators John Barrasso (R-Wyo.), John Boozman (R-Ark.), Mike Braun (R-Ind.), Katie Britt (R-Ala.), Ted Cruz (R-Texas), Mike Crapo (R-Idaho), Joni Ernst (R-Iowa), Deb Fischer (R-Neb.), Lindsey Graham (R-S.C.), John Hoeven (R-N.D.), Cindy Hyde-Smith (R-Miss.), Cynthia Lummis (R-Wyo.), Roger Marshall (R-Kan.), Mitch McConnell (R-Ky.), Markwayne Mullin (R-Okla.), Pete Ricketts (R-Neb.), Jim Risch (R-Idaho), Mike Rounds (R-S.D.), Marco Rubio (R-Fla.), Rick Scott (R-Fla.), Tim Scott (R-S.C.), Dan Sullivan (R-Alaska), John Thune (R-S.D.), Tommy Tuberville (R-Ala.), Roger Wicker (R-Miss.), in filing the brief, as well as U.S. Representatives Sam Graves (R-MO-6), Chairman of the House Transportation and Infrastructure Committee, and Rick Crawford (R-AR-1), Chairman of the House Highways and Transit Subcommittee.
Click HERE to read the amicus brief.
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Contact: Matt Lloyd, Rachel Dumke