Senate approves resolution targeting Biden highway climate rule, with Democratic support

The Senate on Wednesday passed a measure to nullify a Transportation Department rule targeting highway greenhouse gas emissions.

The Congressional Review Act resolution, S.J. Res. 61 sponsored by Sen. Kevin Cramer (R-N.D.), passed the Senate 53-47. Sens. Joe Manchin (D-W.Va.), Jon Tester (D-Mont.), Sherrod Brown (D-Ohio) and Kyrsten Sinema (I-Ariz.) joined Republicans in support.

But if the resolution passes the House, President Joe Biden would veto it, the White House said in a statement of administration policy issued during the Senate vote.

The resolution would remove "a common-sense, good-government tool for transparently managing transportation-related GHG emissions and informing transportation investment decisions," the White House said.

The regulation from the Federal Highway Administration, Reg. 2125-AF99, required state transportation planners to calculate greenhouse gas emissions related to highway use and set targets for reducing that pollution. The rule gave states leeway to set targets and imposed no penalties for not meeting them.

But two different federal judges in recent weeks have ruled against the regulation. A judge in Texas in late March found that the rule exceeded FHWA’s statutory authority and issued a nationwide injunction. And last week, a judge in Kentucky similarly concluded that the rule was overreach.

A version of the resolution, H.J. Res. 114, was introduced in the House earlier this year by Rep. Rick Crawford (R-Ark.).