Crapo Joins Second Amicus Brief to Protect Idaho Transportation Department from Federal Overreach

Washington, D.C.--U.S. Senator Mike Crapo (R-Idaho) joined a bicameral group of colleagues in filing a second amicus brief requesting an Appeals Court uphold a District Court decision vacating a rule that would require local entities to regulate greenhouse gas (GHGs) emissions from cars and trucks.  

In November 2023, the Federal Highway Administration (FHWA) adopted a final rule requiring state departments of transportation and metropolitan planning organizations to measure GHG emissions on the highway system and set declining targets.  The rule would hamstring the Idaho Transportation Department with costly and burdensome requirements that would divert limited funds for needed infrastructure improvements across the state to costly and expensive compliance measures by the federal government.

Shortly after the rule was finalized, 21 state attorneys general, including Idaho, filed litigation challenging the regulation.  The U.S. District Court for the Western District of Kentucky found the Biden administration rule to be illegal, but FHWA appealed the decision to the Sixth Circuit Court of Appeals and it remains under further consideration.  In October, Crapo joined colleagues in filing an amicus brief, led by U.S. Senators Kevin Cramer (R-North Dakota) and Shelley Moore Capito (R-West Virginia), supporting Idaho’s efforts to overturn the rule.

Similarly, the state of Texas filed a separate suit against FHWA, and the District Court for the Northern District of Texas vacated the Biden rule.  The U.S. Department of Transportation appealed the ruling.  

The brief argues Congress debated and rejected granting FHWA the authority to issue GHG 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.

“Congress considered, and ultimately rejected, providing [FHWA] with the authority to issue a GHG performance measure regulation, but [FHWA] contorted ancillary existing authorities to impose one anyway,” the members argued.  “In doing so, [FHWA] impermissibly usurped the Legislative Branch’s authority and promulgated the GHG performance measure without statutory authority delegated by Congress.

“Put simply, when [FHWA] established a GHG performance measure regulation, it exceeded the powers Congress authorized. And it did so both at the expense of separation of powers and in violation of the Administrative Procedure Act,” continued the members. 

Additional co-signers of the amicus brief include U.S. Senators Jim Risch (R-Idaho), John Barrasso (R-Wyoming), John Boozman (R-Arkansas), Bill Cassidy (R-Louisiana), John Cornyn (R-Texas), Ted Cruz (R-Texas), Steve Daines (R-Montana), Joni Ernst (R-Iowa), Lindsey Graham (R-South Carolina), John Hoeven (R-North Dakota), Cindy Hyde-Smith (R-Mississippi), Cynthia Lummis (R-Wyoming), Roger Marshall (R-Kansas), Jerry Moran (R-Kansas), Markwayne Mullin (R-Oklahoma), Pete Ricketts (R-Nebraska),  Marco Rubio (R-Florida), Tim Scott (R-South Carolina), Dan Sullivan (R-Arkansas), John Thune (R-South Dakota), Roger Wicker (R-Mississippi), and U.S. Representatives Sam Graves (R-Missouri), Chairman of the Transportation and Infrastructure Committee, and Rick Crawford (R-Arkansas), Chairman of the Highways and Transit Subcommittee.

Click here for the amicus brief.