Trump administration rescinds rule that would have diverted state highway funds, intended to fix roads and bridges, to non-construction activities.

On April 18, the U.S. Department of Transportation Secretary Sean Duffy rescinded the Federal Highway Administration’s (FHWA) greenhouse gas performance measure rule. This rule would have forced states to spend their federal-aid highway funds, meant for road and bridge construction, to pay for more buses, Amtrak trains, and electric vehicle (EV) charging stations (i.e., non-construction activities). AGC fought back on this rule in all branches of government: 

In Congress:  

• AGC members responded to our Action Alert and sent thousands of messages to members of Congress telling them why this rule would be bad for construction; 

• AGC led a coalition effort calling on Congress to block this rule from taking effect; and 

• AGC members testified about our concerns with the rule, including: 

• Jeff Firth, Vice-President of Hamilton Construction, who testified before the House Transportation and Infrastructure Committee; 

• Lauren Benford, Controller of the Reiman Corp, who testified before the House Transportation and Infrastructure Committee; and 

• Ali Mills, President of Plum Contracting, who testified before the Senate Environment and Public Works Committee. 

In the Executive Branch: 

• AGC highlighted our concerns with the rule to then President-elect Trump; and 

• AGC submitted comments to FHWA, which outlined our opposition to the rule. 

In the Courtroom: 

• AGC challenged the legality of the rule in the courts through two separate amicus briefs, and in both cases, the judges agreed with AGC. 

• On appeal, AGC filed additional amicus briefs and urged the Trump administration to drop the appeal (which they did!). 

Thank you for all of your help with sending in action alerts and for your contributions to the Construction Advocacy Fund which made AGC’s advocacy on this issue possible. 

For additional information, please contact Alex Etchen.