Senate Passes Tuberville-Backed Resolution to Overturn Biden GHG Emissions Performance Measure Rule

Rule would place burdensome requirements on cities and states

WASHINGTON – Today, the U.S. Senate voted 53-47 to overturn a rule from the Federal Highway Administration (FHWA) that imposes greenhouse gas emissions performance measures on State Departments of Transportation and Metropolitan Planning Organizations (MPOs). President Biden’s Department of Transportation (DOT) does not have the congressional authority to enact this rule and continues to exhibit considerable government overreach. If President Biden vetoes the resolution, states will be forced to shift to electric vehicles (EVs) or reduce miles traveled to meet the strict and unnecessary emissions regulations being forced upon them. 

U.S. Senator Tommy Tuberville (R-AL) joined Senator Kevin Cramer (R-ND) in introducing a bipartisan Joint Resolution under the Congressional Review Act in February.  

“Time and time again, Joe Biden has caved to woke climate activists at the expense of the American people,” said Senator Tuberville.“The Federal Highway Administration’s rule is not functional or practical for rural states like Alabama. It would impose unlawful burdens on our state transportation officials. I’m glad we were able to overturn this disastrous rule in the Senate, and I hope President Biden will do the right thing and sign it into law. I will continue to fight back against this Administration’s woke climate agenda and one-size-fits-all policies.”


In 2018, the Trump administration repealed an Obama administration 2017 FHWA rule after reconsidering the legal authority under which it was publicized. Unsurprisingly, the new FHWA rule resembles the 2017 Obama administration rule. A majority of state DOTs and attorneys general, including Alabama’s Attorney General, have raised concerns about the feasibility of the rule, which is another example of the Biden administration’s overreach that imposes unlawful burdens on the American people.

Senator Tuberville believes President Biden’s overregulation of American energy is driving up prices and killing jobs. Senator Tuberville supports an all-of-the-above approach to American energy, including increasing the use of environmentally-safe and affordable nuclear energy. He has spoken about the importance of the United States embracing nuclear energy on the floor of the U.S. Senate.

Senator Tuberville joined his colleagues in a letter requesting Environmental Protection Agency (EPA) Administrator Michael Regan withdraw the Clean Power Plan 2.0 proposed rule. Senator Tuberville also joined his colleagues in a bipartisan letter to Department of Energy (DOE) Secretary Jennifer Granholm, raising concerns about a proposed rule by the DOE that increases efficiency standards on distribution transformers – critical grid products – at a time when the availability of essential grid components remains a significant challenge for the electric power industry, and while the industry is struggling due to a substantial increase in demand, supply chain issues, and skilled workforce shortage.

Senator Tuberville also submitted a comment to Secretary Granholm opposing the Administration’s proposed rule to disrupt production of critical distribution transformers, which would inhibit electric utilities’ ability to meet their customers’ needs.

In 2022, Senator Tuberville introduced the Thorium Energy Security Act to prevent the destruction of Uranium 233 (U-233), a critical element used to produce clean energy.

He also introduced the American Energy Independence Act of 2022, which reverses President Biden’s shutdown of the American energy sector and would return American energy to full production.

Senator Tommy Tuberville represents Alabama in the United States Senate and is a member of the Senate Armed Services, Agriculture, Veterans’ Affairs, and HELP Committees.