Boozman, Cramer, Capito and colleagues file bicameral amicus brief to overturn FHWA’s unlawful rmissions rule

WASHINGTON – U.S. Senators John Boozman (R-AR), Kevin Cramer (R-ND) and Committee on Environment and Public Works Ranking Member Shelley Moore Capito (R-WV) led 27 of their colleagues in filing a bicameral amicus brief in the U.S. Court of Appeals for the Sixth Circuit opposing a final rule from the Federal Highway Administration (FHWA) that requires state departments of transportation and metropolitan planning organizations to measure greenhouse gas (GHG) emissions on the highway system and set declining targets for those GHG emissions. The brief requests that the Court uphold the April 2024, U.S. District Court decision finding that Congress did not grant the FHWA the authority to issue the rule.

The brief argues Congress explicitly debated providing the FHWA the necessary authority to issue this rule, but decided against doing so in the Infrastructure Investment and Jobs Act. The FHWA then intentionally misconstrued congressional intent and used unrelated statutory authorities to attempt to justify issuing its GHG performance measure rule. The lawmakers also contend the rulemaking is inconsistent with recent Supreme Court decisions paring back executive branch overreach, and that FHWA is ignoring principles of federalism at the expense of state governments to further its own policy agenda.

“Congress considered, and ultimately rejected, providing [FHWA] with the authority to issue a GHG performance measure regulation, but [FHWA] contorted ancillary existing authorities to impose one anyway,” the members argued. “In doing so, [FHWA] impermissibly usurped the Legislative Branch’s authority and promulgated the GHG performance measure without statutory authority delegated by Congress.” 

“Put simply, when [FHWA] established a GHG performance measure regulation, it exceeded the powers Congress authorized. And it did so both at the expense of separation of powers and in violation of the Administrative Procedure Act,” the members continued. 

Senate Republican Leader Mitch McConnell (R-KY) and Senators John Barrasso (R-WY), Mike Braun (R-IN), Katie Britt (R-AL), Ted Cruz (R-TX), Mike Crapo (R-ID), Steve Daines (R-MT), Joni Ernst (R-IA), Deb Fischer (R-NE), Lindsey Graham (R-SC), John Hoeven (R-ND), Cindy Hyde-Smith (R-MS), Cynthia Lummis (R-WY), Roger Marshall, M.D. (R-KS), Markwayne Mullin (R-OK), Pete Ricketts (R-NE), Jim Risch (R-ID), Mike Rounds (R-SD), Marco Rubio (R-FL), Rick Scott (R-FL), Tim Scott (R-SC), Dan Sullivan (R-AK), John Thune (R-SD), Tommy Tuberville (R-AL) and Roger Wicker (R-MS) – as well as U.S. Representatives Sam Graves (R-MO-06), Chairman of the Transportation and Infrastructure Committee, and Rick Crawford (R-AR-01), Chairman of the Highways and Transit Subcommittee – also cosigned the brief. 

Full text of the amicus brief is available here.

Background:

Shortly after the rule was finalized, 21 state attorneys general, including Arkansas, filed litigation challenging the regulation. The U.S. District Court found the Biden administration rule to be illegal, but FHWA appealed the decision to the Sixth Circuit Court of Appeals and it remains under further consideration. 

In April of this year, the U.S. Senate approved a Congressional Review Act (CRA) joint resolution of disapproval overturning the rule by a vote of 53-47. The bipartisan measure was led by Cramer and cosponsored by Boozman, Ranking Member Capito and dozens of their colleagues.

Cotton, Colleagues introduce bill to repeal Biden Administration’s Arms Embargo on Israel

Washington, D.C. — Senator Tom Cotton (R-Arkansas) today introduced the Israel Security Assistance Support Act, legislation that would force the Biden administration to send critical weapons to Israel. The bill comes after President Biden announced that his administration would withhold certain weapons from Israel if it conducted a full-scale ground invasion of Rafah in Gaza.

Senators John Barrasso (R-Wyoming), Katie Britt (R-Alabama), Ted Budd (R-North Carolina), Kevin Cramer (R-North Dakota), Mike Crapo (R-Idaho), Ted Cruz (R-Texas), Steve Daines (R-Montana), Joni Ernst (R-Iowa), Deb Fischer (R-Nebraska), Lindsey Graham (R-South Carolina), Josh Hawley (R-Missouri), John Hoeven (R-North Dakota), Cindy Hyde-Smith (R-Mississippi), John Kennedy (R-Louisiana), James Lankford (R-Oklahoma), Cynthia Lummis (R-Wyoming), Roger Marshall (R-Kansas), Pete Ricketts (R-Nebraska), Marco Rubio (R-Florida), Rick Scott (R-Florida), Dan Sullivan (R-Alaska), and Thom Tillis (R-North Carolina) are co-sponsors of the legislation. Congressman Ken Calvert (California-41) introduced companion legislation in the House.

“President Biden’s decision to impose a de facto arms embargo on Israel is a betrayal of one of our most important allies as it fights an existential war for survival. This bill will reverse Joe Biden’s arms embargo and withhold the salaries of officials who implement it,” said Senator Cotton.

“President Biden’s decision to withhold a portion of the Israel security aid just passed by an overwhelming and bipartisan majority of Congress projects the very weakness that has become a trademark of his presidency. If President Biden will not release these weapons, Congress must act to enforce the United States’ support for Israel in its efforts to eliminate Hamas. I thank Senator Cotton for his steadfast support for Israel and introduction of The Israel Security Assistance Support Act in the Senate,” said Congressman Calvert.

Bill text may be found here.

The Israel Security Assistance Support Act would:

• Force the Biden administration to complete the delivery of weapons to Israel.

• Cancel the salaries of any Biden administration official at the Department of Defense or Department of State who take any action to withhold the delivery of weapons to Israel.

Boozman, Cotton Fight to Protect Arkansas Catfish Farmers, Stop Flood of Vietnamese Imports

Warn Biden Administration Against Adopting Anti-Dumping Order Giving Unprecedented Blanket Relief to All Vietnam Producers

WASHINGTON – U.S. Senators John Boozman (R-AR) and Tom Cotton (R-AR) joined Senator Cindy Hyde-Smith (R-MS) in warning the Biden administration of the disastrous economic outlook for U.S. catfish farmers and processers if it adopts a preliminary decision to significantly reduce anti-dumping duties on imported catfish from Vietnam. 

U.S. Senator John Boozman

In a letter to Commerce Secretary Gina Raimondo, the senators urged a reversal of a preliminary decision that abandons decades of precedent on an anti-dumping duty order that has helped establish a level playing field for the U.S. farm-raised catfish industry. Arkansas ranks as the third-largest catfish producing state.  

Should the preliminary decision become final, the non-market economy (NME) anti-dumping duty could be reduced from $2.39/kg to $0.14/kg for all producers controlled by the Communist Party of Vietnam (CPV).

“In the instant Frozen Fish Fillets proceeding, the NME-wide rate has been $2.39/kg for many years, and it has been an effective deterrent,” the senators wrote. “It now defies logic that the Commerce Department is proposing to reduce the $2.39/kg rate to $0.14/kg, and assign this low rate to all Vietnamese producers/exporters that have, to date, failed to participate in the proceeding and/or failed to establish independence from the CPV.” 

“Commerce’s approach here will incentivize hundreds of non-participating/CPV-controlled companies – i.e., those with likely higher anti-dumping duty rates – to flood the U.S. market with cheap, dumped imports without the discipline of an effective remedy. Under no circumstance should non-participating/CPV-controlled companies benefit from the same low rate assigned to participating companies that are independent from CPV control—without exception,” the senators wrote.

The lawmakers advocated retaining an existing anti-dumping duty order that treats exporters from NME countries like Vietnam based on the level of demonstrated independence from CPV control, with those most under the thrall of the CPV assessed the higher rate. A blanket assessment of the lower rate would, the senators argue, also set a troubling precedent for the approximately 250 NME proceedings involving communist governments before the Commerce Department.

“Commerce’s decision, if not reversed, will upend decades of agency precedent and weaken the trade relief granted to domestic industries. It will cause a flood of unfairly priced imports from NME countries like Vietnam, China, and Russia into the United States which will irreparably harm American industries,” the senators wrote.

“The U.S. farm-raised catfish industry remains a pillar industry in rural communities across our states. U.S. farm-raised catfish farmers and processors work day in and day out to provide a source of wholesome, unadulterated protein to the public, in addition to providing good-paying American jobs. This industry deserves a level playing field. We thus strongly urge Commerce to reverse its decision and rebalance the playing field for our constituents and workers across the United States,” the senators concluded. 

In addition to Boozman, Cotton and Hyde-Smith, the letter was signed by Senators Roger Wicker (R-MS), Bill Cassidy, M.D. (R-LA), John Kennedy (R-LA), Tommy Tuberville (AL) and Katie Britt (R-AL).