Boozman, Cramer, Capito and colleagues file bicameral amicus brief to overturn FHWA’s unlawful rmissions rule

WASHINGTON – U.S. Senators John Boozman (R-AR), Kevin Cramer (R-ND) and Committee on Environment and Public Works Ranking Member Shelley Moore Capito (R-WV) led 27 of their colleagues in filing a bicameral amicus brief in the U.S. Court of Appeals for the Sixth Circuit opposing a final rule from the Federal Highway Administration (FHWA) that requires state departments of transportation and metropolitan planning organizations to measure greenhouse gas (GHG) emissions on the highway system and set declining targets for those GHG emissions. The brief requests that the Court uphold the April 2024, U.S. District Court decision finding that Congress did not grant the FHWA the authority to issue the rule.

The brief argues Congress explicitly debated providing the FHWA the necessary authority to issue this rule, but decided against doing so in the Infrastructure Investment and Jobs Act. The FHWA then intentionally misconstrued congressional intent and used unrelated statutory authorities to attempt to justify issuing its GHG performance measure rule. The lawmakers also contend the rulemaking is inconsistent with recent Supreme Court decisions paring back executive branch overreach, and that FHWA is ignoring principles of federalism at the expense of state governments 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,” the members continued. 

Senate Republican Leader Mitch McConnell (R-KY) and Senators John Barrasso (R-WY), Mike Braun (R-IN), Katie Britt (R-AL), Ted Cruz (R-TX), Mike Crapo (R-ID), Steve Daines (R-MT), Joni Ernst (R-IA), Deb Fischer (R-NE), Lindsey Graham (R-SC), John Hoeven (R-ND), Cindy Hyde-Smith (R-MS), Cynthia Lummis (R-WY), Roger Marshall, M.D. (R-KS), Markwayne Mullin (R-OK), Pete Ricketts (R-NE), Jim Risch (R-ID), Mike Rounds (R-SD), Marco Rubio (R-FL), Rick Scott (R-FL), Tim Scott (R-SC), Dan Sullivan (R-AK), John Thune (R-SD), Tommy Tuberville (R-AL) and Roger Wicker (R-MS) – as well as U.S. Representatives Sam Graves (R-MO-06), Chairman of the Transportation and Infrastructure Committee, and Rick Crawford (R-AR-01), Chairman of the Highways and Transit Subcommittee – also cosigned the brief. 

Full text of the amicus brief is available here.

Background:

Shortly after the rule was finalized, 21 state attorneys general, including Arkansas, filed litigation challenging the regulation. The U.S. District Court 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 April of this year, the U.S. Senate approved a Congressional Review Act (CRA) joint resolution of disapproval overturning the rule by a vote of 53-47. The bipartisan measure was led by Cramer and cosponsored by Boozman, Ranking Member Capito and dozens of their colleagues.

Bruce Westerman and colleagues introduce resolution recognizing October 2024 as National Dyslexia Awareness Month

Today, Congressional Dyslexia Caucus Co-Chairs Congressman Bruce Westerman (AR-04) and Congresswoman Julia Brownley (CA-26) introduced a resolution recognizing October 2024 as National Dyslexia Awareness Month.

Senators Bill Cassidy, M.D. (R-LA), Ranking Member of the Senate Health, Education, Labor, and Pensions (HELP) Committee, Shelley Moore Capito (R-WV), Angus King (I-ME), Susan Collins (R-ME), and Elizabeth Warren (D-MA) introduced the companion resolution in the U.S. Senate.

“Although millions of students face the social stigmas and learning challenges related to dyslexia every day, dyslexia rarely receives the proper attention it deserves. This important resolution recognizing October as National Dyslexia Awareness Month is an important step in ensuring educators and parents are aware of the prevalence of dyslexia and empowered to get their students the learning resources they need,” said Congressional Dyslexia Caucus Co-Chair Westerman.  “I am proud to support this resolution once again, and I thank Senator Cassidy and my fellow Dyslexia Caucus Co-Chair, Congresswoman Brownley, for making this a bicameral and bipartisan issue.”

“I began my career in public service to ensure that all children, including individuals with dyslexia like my daughter, have the resources and positive learning environments to live up to their full potential," said Congressional Dyslexia Caucus Co-Chair Brownley. “In recognizing October as Dyslexia Awareness Month, we are bringing much needed attention to the challenges people with dyslexia face and, more importantly, reaffirming our commitment to providing them with the support they need to thrive. As Co-Chair of the Congressional Dyslexia Caucus, I look forward to continuing to work with Congressman Westerman and my colleagues to raise awareness and help those with dyslexia to succeed.” 

“Dyslexia impacts one in five Americans. With an early diagnosis by the end of kindergarten or beginning of the first grade, these students won’t be left behind and can reach their full potential,” said Dr. Cassidy. “This National Dyslexia Awareness Month, we raise dyslexia awareness and continue to our work to ensure these bright children have the resources to achieve their dreams.”    

“Dyslexia impacts individuals in West Virginia and all across our country, which is why it is so important that we recognize the substantial challenges it poses to students and adults. I’m proud to join my colleagues once again to introduce this resolution, which will help us raise awareness around the need for early screening, diagnosis, and evidence-based solutions,” said Senator Capito. 

"Identifying dyslexia in early childhood is crucial to ensuring students in Maine and across the country are being properly prepared for a lifetime of reading and learning,” said Senator Collins. “This bipartisan resolution seeks to raise awareness of the problems associated with a lack of dyslexia testing for American students which has left countless unidentified dyslexic students to struggle silently in their education.” s in Maine and across the country are being properly prepared for a lifetime of reading and learning,” said Senator Collins. “This bipartisan resolution seeks to raise awareness of the problems associated with a lack of dyslexia testing for American students which has left countless unidentified dyslexic students to struggle silently in their education.” 

Read the full text of the resolution here