Sources: National Precast Concrete Association, Carmel, Ind.; CP staff
In a letter to U.S. House and Senate members, 14 associations representing construction materials, products and downstream interests question the Federal Highway Administration’s authority to proceed with a greenhouse gas performance measure on projects the agency funds. Their argument traces the absence of a legal basis for a November 2023 FHWA rule, “National Performance Management Measures; Assessing Performance of the National Highway System, Greenhouse Gas Emissions Measure,” implementing the measure from the Infrastructure Investment and Jobs Act of 2021 to a predecessor federal transportation program, Moving Ahead for Progress in the 21st Century (MAP-21).
“Congress debated authorizing the U.S. Department of Transportation to establish a greenhouse gas performance measure, but it was ultimately excluded from the 2021 law due to the provision’s lack of sufficient congressional support,” the associations note. “Under the Obama Administration, FHWA considered establishing a similar rule, but the same agency under the Trump Administration determined that the rule exceeded the congressional intent of MAP-21 and was not required by law. The statutory language around performance measures has not changed since the 2012 enactment of MAP-21. We believe FHWA lacks the statutory authority to create a greenhouse gas performance measure, and therefore, support any and all congressional efforts to block this rule’s implementation.”
Signatories include the American Concrete Pavement Association, American Concrete Pipe Association, National Precast Concrete Association, National Stone, Sand & Gravel Association and Portland Cement Association, plus the Associated General Contractors of America American Road & Transportation Builders Association.