The top Republican on the Senate Environment and Public Works Committee, Shelley Moore Capito (W.Va.), says she plans to issue a formal challenge to a December 2021 Federal Highway Administration guidance document concerning the types of projects states should pursue using the billions of federal highway formula dollars provided by the Infrastructure Investment and Jobs Act.
Capito's plan was bolstered by the Government Accountability Office's Dec. 15 determination that the FHWA guidance is a federal regulation and thus is subject to the Congressional Review Act.