East Idaho Times

U.S. Senators Mike Crapo and Jim Risch from Idaho have joined a group of lawmakers in filing an amicus brief urging an Appeals Court to uphold a District Court's decision against a federal rule on greenhouse gas emissions. The Federal Highway Administration (FHWA) had issued a rule in November 2023, mandating state transportation departments and metropolitan planning organizations to measure emissions from vehicles and set reduction targets. This rule is seen as burdensome by some states, including Idaho, which argues it would redirect funds from essential infrastructure projects.

Crapo and Risch previously supported a Congressional Review Act resolution to overturn the FHWA's rule. The resolution passed the Senate with a 53-47 vote in April, signaling legislative opposition to what they consider federal overreach.

Following the rule's finalization, 21 state attorneys general filed lawsuits challenging its legality. A U.S. District Court ruled against the Biden Administration's regulation, but the FHWA has appealed this decision to the Sixth Circuit Court of Appeals.

The amicus brief, led by Senators Kevin Cramer and Shelley Moore Capito, contends that Congress did not grant FHWA authority for such regulations. It also claims that recent Supreme Court decisions do not support this kind of executive action and accuses FHWA of bypassing federalism principles.

"Congress considered, and ultimately rejected, providing [FHWA] with the authority to issue a GHG performance measure regulation," stated the members involved in the brief. They further argued that FHWA exceeded its powers without Congressional approval when establishing these regulations.

Additional supporters of the brief include several U.S. Senators and Representatives who argue that FHWA's actions violate both separation of powers and the Administrative Procedure Act.