Central Montana Times

U.S. Senator Steve Daines has joined a bipartisan amicus brief opposing a rule introduced by the Biden-Harris administration's Federal Highway Administration (FHWA). The rule mandates that state departments of transportation and metropolitan planning organizations measure greenhouse gas emissions on highways and set targets for reduction.

"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.

Following the finalization of this rule, 21 state attorneys general, including Montana Attorney General Austin Knudsen, filed litigation contesting the regulation. Although the U.S. District Court deemed the rule illegal, the FHWA appealed to the Sixth Circuit Court of Appeals, where it remains under review.

The brief argues that Congress had considered but ultimately rejected granting FHWA authority to implement greenhouse gas performance measure rules. It claims that FHWA misinterpreted Congressional intent to justify its actions. Furthermore, it states that this rulemaking contradicts recent Supreme Court decisions limiting Executive Branch overreach and accuses FHWA of sidestepping federalism principles to promote its policy agenda.

Senator Daines was joined by several other senators including 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.). U.S. Representatives Sam Graves(R-MO-6) Chairman of House Transportation and Infrastructure Committee, Rick Crawford(R-AR-1) Chairman House Highways Transit Subcommittee also supported filing brief.