Manchin Speaks On Senate Floor In Support Of Bipartisan Effort To Overturn Federal Highway Administration’s Unlawful, Impractical Emissions Rule

Washington, DC – Today, U.S. Senator Joe Manchin (D-WV), Chairman of the Senate Energy and Natural Resources Committee, spoke on the Senate Floor on his support of the bipartisan Congressional Review Act (CRA) Joint Resolution of Disapproval to nullify a November 2023 Federal Highway Administration (FHWA) rule. The rule imposes greenhouse gas (GHG) emissions performance measures on state departments of transportation (DOTs) and metropolitan planning organizations (MPOs), despite lacking the authority from Congress to do so.

Senator Manchin introduced the CRA resolution with Senator Kevin Cramer (R-ND), which is cosponsored by 48 additional Senators.

“This rule is yet another example of the Administration’s trying to implement the law they wanted instead of the one they got,” Senator Manchin said in part. “It is an unworkable, one-size-fits-all approach that would burden states with setting and enforcing declining emissions standards for travel on highways. It makes absolutely no effort to consider the unique needs of rural states like West Virginia.”

“As I’ve always said: if it isn’t feasible, it isn’t reasonable. But even if the rule were reasonable, it wouldn’t matter, because the Administration simply doesn’t have the authority to do this. We know this because when we were writing the Bipartisan Infrastructure Law, we debated about whether to give them that authority. And we decided against it. Nothing in any law Congress has passed allows the Administration to burden states with these measures in order to advance their radical climate agenda,” Senator Manchin continued.

The bill text can be found here.

A video of Senator Manchin’s floor speech can be found here.

Senator Manchin’s remarks as prepared are available below:

M. President, I rise in support of my resolution with Senator Cramer and Senator Capito that would overturn the Federal Highway Administration’s greenhouse gas reduction rule.

This rule is yet another example of the Administration’s trying to implement the law they wanted instead of the one they got.

It is an unworkable, one-size-fits-all approach that would burden states with setting and enforcing declining emissions standards for travel on highways.

It makes absolutely no effort to consider the unique needs of rural states like West Virginia.

In places where traffic congestion is scarce and emissions are already low, it’s functionally impossible to meet these targets without devastating impacts to our economy.

The only way to do it would be to simply stop people from driving on highways.

Not only does that undermine the very purpose of our highway system, it just isn’t feasible in rural places without other transportation options.

Our economy would grind to a halt if we could not use our highways.

As I’ve always said: if it isn’t feasible, it isn’t reasonable.

But even if the rule were reasonable, it wouldn’t matter, because the Administration simply doesn’t have the authority to do this. 

We know this because when we were writing the Bipartisan Infrastructure Law, we debated about whether to give them that authority.

And we decided against it.

Nothing in any law Congress has passed allows the Administration to burden states with these measures in order to advance their radical climate agenda.

I introduced this Resolution of Disapproval with Senator Cramer and Senator Capito because we know this power grab is unreasonable, economically irresponsible, and unlawful.

It would be devastating for rural communities and transportation industries in West Virginia, in North Dakota, and across the country.

I urge my colleagues on both sides of the aisle to join me in supporting this resolution. I yield back.