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Sen. Cruz, Colleagues Fight to Overturn FHWA’s Illegal GHG Emissions Performance Measure Rule

WASHINGTON, D.C. – U.S. Sen. Ted Cruz (R-Texas) joined Sen. Kevin Cramer (R-N.D.), Ranking Member Shelley Moore Capito (R-W.Va.) and Rep. Rick Crawford (R-Ark.) in introducing a bicameral Congressional Review Act (CRA) Joint Resolution of Disapproval to nullify the Federal Highway Administration (FHWA) rule imposing greenhouse gas (GHG) emissions performance measures on state departments of transportation and metropolitan planning organizations. The FHWA imposed this rule in November 2023 despite lacking Congressional authority to do so.

Upon co-sponsoring the bill, Sen. Cruz said, “This unilateral mandate is yet another act of federal overreach by the Biden administration to blatantly ignore statutory authority in order to pursue their radical climate agenda. FHWA’s unlawful regulation pressures states with a burdensome and constricting mandate that fails to meet the differing needs of each state’s transportation systems to advance this administration’s one-sided agenda. When negotiating the bipartisan Infrastructure Investment and Jobs Act, there was intent behind not granting thisauthority despite the FHWA illegally exercising its greenhouse gas emissions performance measure requirement. The Biden administration needs to be held accountable for intentionally overstepping its jurisdiction by implementing this one-size-fits-all rule.”

Additional cosponsors include Sens. Mitch McConnell (R-Ky.), John Thune (R-S.D.), John Hoeven (R-N.D.), Roger Marshall (R-Kan.), Ted Budd (R-N.C.), Pete Ricketts (R-Neb.), John Cornyn (R-Texas), John Barrasso (R-Wyo.), Tom Cotton (R-Ark.), Mike Braun (R-Ind.), Cindy Hyde-Smith (R-Miss.), Markwayne Mullin (R-Okla.), Joni Ernst (R-Iowa), Deb Fischer (R-Neb.), Roger Wicker (R-Miss.), Steve Daines (R-Mont.), Mike Crapo (R-Idaho), Mike Rounds (R-S.D.), Eric Schmitt (R-Mo.), Mike Lee (R-Utah), Thom Tillis (R-N.C.), Marsha Blackburn (R-Tenn.), John Boozman (R-Ark.), Bill Hagerty (R-Tenn.), Cynthia Lummis (R-Wyo.), Chuck Grassley (R-Iowa), Tommy Tuberville (R-Ala.), James Risch (R-Idaho), Dan Sullivan (R-Alaska), Marco Rubio (R-Fla.), James Lankford (R-Okla.), Tim Scott (R-S.C.), Rick Scott (R-Fla.), Lindsey Graham (R-S.C.), Susan Collins (R-Maine), Katie Boyd Britt (R-Ala.), Jerry Moran (R-Kan.), Lisa Murkowski (R-Alaska), Bill Cassidy (R-La.), John Kennedy (R-La.), Todd Young (R-Ind.), Ron Johnson (R-Wis.), Mitt Romney (R-Utah), Josh Hawley (R-Mo.), and Joe Manchin (D-W.Va.).

Stakeholders in support of CRA include Associated General Contractors of America, American Road & Transportation Builders Association, Agricultural Retailers Association, American BusAssociation, American Coal Ash Association, American Concrete Pavement Association, American Concrete Pipe Association, American Concrete Pumping Association, American Council of Engineering Companies, American Farm Bureau, American Highway Users Alliance, American Pipeline Contractors Association, American Sheep Industry Association, American Trucking Associations, Associated Equipment Distributors, Association of Equipment Manufacturers, Concrete Reinforcing Steel Institute, National Aquaculture Association, National Asphalt Pavement Association, National Association of Manufacturers, National Association of Wholesaler-Distributors, National Cattlemen's Beef Association, National Grain and Feed Association, National Limousine Association, National Pork Producers Council, National Precast Concrete Association, National Ready Mixed Concrete Association, National Stone, Sand & Gravel Association, National Utility Contractors Association, Owner-Operator Independent Drivers Association, Portland Cement Association, Power & Communication Contractors Association, Precast/Prestressed Concrete Institute, Rural & Agriculture Council of America, Transportation Intermediaries Association, United Motorcoach Association, USA Rice, U.S. Cattlemen’s Association, U.S. Chamber of Commerce, and Water and Sewer Distributors of America

Read the full text of the bill here.

BACKGROUND

Sen. Cruz has been the preeminent fighter in the U.S. Senate to restore American energy independence: 

• Sen. Cruz and Sen. Cramer previously sent a letter to the Federal Highway Administration (FHWA) Deputy Administrator Stephanie Pollack voicing strong opposition to the agency’s proposal to implement a greenhouse gas (GHG) emissions performance measure on state departments of transportation and metropolitan planning organizations, despite having no authority from Congress to do so.
• Sen. Cruz sent a letter to Senate Minority Leader Mitch McConnell (R-Ky.) and Speaker of the House Mike Johnson (R-La.) urging Congressional leadership to defund the Biden Environmental Protection Agency’s (EPA) electric vehicle (EV) rule, which would effectively require vehicles to be fully electric by 2032.
• Sen. Cruz introduced the Choice in Automobile Retail Sales (CARS) Act to counter the Biden administration’s executive overreach banning gasoline powered vehicles and establishing an electric vehicle mandate. The bill prohibits the EPA from finalizing, implementing, or enforcing its rule that would limit what cars and trucks Texans can buy under the pretext of emissions reductions.
• As the ranking member on the Senate Commerce Committee, Sen. Cruz released a statement after the National Highway Traffic Safety Administration (NHTSA) released their Corporate Average Fuel Economy (CAFE) standards for model years 2027-2032.
• In May of 2023, Sen. Cruz sent a letter urging the EPA Administrator, Michael Regan, to withdraw recently announced emissions standards on American-made vehicles, including both light-duty cars and heavy-duty trucks.
• As the ranking member on the Senate Commerce Committee, Sen. Cruz sent a letter in May of 2023 highlighting serious concerns regarding President Biden’s nominee to lead the NHTSA, Ann Carlson, and urged her to not follow the EPA’s lead by issuing draconian policies under NHTSA’s CAFÉ standards.
• In April of 2023, Sen. Cruz introduced the Directing Independent Research To Yield Carbon Assessment Regarding Electric Vehicles (DIRTY CAR EV) Act, which requires the Comptroller of the United States, the Secretary of Energy, and the EPA Administrator to coordinate a study on the carbon footprint of electric vehicles and research the ramifications of widespread electric vehicle use on the country’s electrical grids.

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