OKC Standard

U.S. Senator Markwayne Mullin, alongside 30 other lawmakers, has submitted a bicameral amicus brief to the U.S. Court of Appeals for the Sixth Circuit. The brief challenges a rule from the Federal Highway Administration (FHWA) that mandates state transportation departments and metropolitan planning organizations to measure greenhouse gas emissions on highways and set decreasing targets for these emissions.

The legislators are asking the court to uphold an April 2024 decision by the U.S. District Court, which concluded that Congress did not authorize FHWA to implement this rule. The brief argues that Congress considered granting such authority during discussions on the Infrastructure Investment and Jobs Act but ultimately decided against it.

"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 argue that FHWA misinterpreted congressional intent and used unrelated statutory authorities to justify its actions.

The lawmakers also claim that this rule contradicts recent Supreme Court decisions aimed at limiting Executive Branch overreach and undermines federalism by disregarding state governments' rights.

"When [FHWA] established a GHG performance measure regulation, it exceeded the powers Congress authorized," they continued, asserting that this move violates both separation of powers principles and the Administrative Procedure Act.

Senator Mullin's efforts are supported by several prominent Republicans including Senate Republican Leader Mitch McConnell (R-KY), EPW Committee Ranking Member Shelley Moore-Capito (R-WV), and others from both chambers of Congress.

Earlier this year, a Congressional Review Act joint resolution disapproving of the rule was passed by the Senate with a 53-47 vote. This measure was sponsored by Senator Kevin Cramer (R-ND) and co-sponsored by Ranking Member Capito.