US conservative lawmakers are joining a lawsuit challenging new regulations from the Federal Highway Administration (FHWA).
FHWA, at the direction of President Joe Biden and Vice President Kamala Harris, adopted a final rule requiring state departments of transportation and metropolitan planning organizations to measure greenhouse gas (GHG) emissions on the highway system and set declining targets.
Subsequently, 21 state attorneys general began litigation challenging the regulation.
Additionally, conservative Senators led and passed a bipartisan Congressional Review Act joint resolution of disapproval to overturn the rule.
The FHWA rule was struck down by the US District court and is pending appeal at the sixth circuit court of appeals.
Now, Republican Senators have filed amicus briefs supporting the attorneys general’s lawsuit.
Senator Kevin Cramer (R-ND) and Senator Shelley Moore Capito (R-WV) led such briefs’ drafting.
Senator Marco Rubio (R-FL) supported the briefs, alleging the FHWA regulation is “unlawful.”
“Another unlawful regulation from the Biden-Harris Administration is being challenged in court,” said Senator Rubio. “Republicans are stepping up to lead the fight.”
Another unlawful regulation from the Biden-Harris Administration is being challenged in court.
Republicans are stepping up to lead the fight. https://t.co/vSPfw49oq8
— Senator Marco Rubio (@SenMarcoRubio) October 16, 2024
Conservative lawmakers have been frequently harnessing the judicial branch to successfully challenge Biden-Harris regulations they consider unlawful.
Earlier this year, conservatives scored a major win through the Supreme Court’s overturning of the Chevron deference, limiting the executive branch’s rule-making authority.
Chevron created legal precedent dictating that federal agencies had legal authority to interpret ambiguous laws within the agencies’ respective policy areas.
However, in Loper Bright Enterprises v. Raimondo, the Court’s conservative majority overruled Chevron, claiming the case’s underlying reasoning was fundamentally flawed.
“Agencies have no special competence in resolving statutory ambiguities,” reads the opinion.
Chevron deference was originally championed by conservatives since it permitted for former President Ronald Reagan’s Environmental Policy Agency’s environmental deregulation.
However, Chevron quickly became anathema for conservatives as it was repeatedly invoked by federal agencies to expand their sphere of influence and increase regulations.
US Senator Rick Scott (R-FL) celebrated the court’s ruling, claiming it helped recalibrate the government’s power equilibrium after Chevron distorted it.
“The Supreme Court restored the separation of powers and reinforced the constitutional roles played in our federal government with today’s ruling on the #ChevronDoctrine,” said Senator Scott.
