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Congress·In Progress·about 1 month ago

New Bill Aims to Stop EPA Penalties for States Affected by Pollution from Other Countries

Also known as: FENCES Act

Impact Analysis

Scores: 1 = low, 5 = highSentiment: -5 to +5 (net benefit)

State Impacts

Scores: 1 = low, 5 = highSentiment: -5 to +5 (net benefit)

Key Points

  • This bill, introduced by Mr. Pfluger, changes the Clean Air Act so states aren't blamed for air pollution that blows in from other countries. This includes pollution from foreign factories as well as natural sources like smoke or dust from across the border.
  • Under current rules, if an area has too much smog, it can face strict regulations and fines. This bill says that if a state can prove it would have clean air if not for that outside pollution, the government cannot label the area as "failing" or "nonattainment."
  • The plan also stops the federal government from taking away highway money or charging high fees to states that can't meet air standards because of things they can't control, such as smoke from wildfires or pollution from cars and trucks passing through from other places.
  • To keep these protections, states must provide proof every five years that the pollution causing the problem is still coming from outside their borders. This ensures that local leaders are still working to control the pollution they actually have the power to stop.
Energy EnvironmentEconomy Finance

Milestones

4 milestones7 actions
Jan 21, 2026House

Ordered to be Reported by the Yeas and Nays: 25 - 22.

Jan 21, 2026House

Committee Consideration and Mark-up Session Held

Dec 10, 2025House

Forwarded by Subcommittee to Full Committee by the Yeas and Nays: 14 - 11.

Dec 10, 2025House

Subcommittee Consideration and Mark-up Session Held

Dec 3, 2025House

Referred to the Subcommittee on Environment.

Related News

5 articles
Politico·3 months ago

Bill would ease Clean Air Act compliance waivers

The FENCES Act would expand existing exemptions in the Clean Air Act to make it easier for states to avoid formal nonattainment designations when air quality standards are exceeded due to foreign pollution. Environmental advocates express concern that this could bypass local pollution controls.

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Politico·3 months ago

House Republicans advance bid to loosen Clean Air Act

House Republicans introduced a package of four bills, including the FENCES Act, aimed at streamlining permitting and easing regulatory burdens. The legislation seeks to ensure states are not penalized for uncontrollable foreign emissions, such as wildfire smoke or cross-border industrial smog.

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Odessa American·about 1 month ago

Pfluger's permitting reform bill advances through full committee

Representative August Pfluger's FENCES Act passed the House Energy and Commerce Committee. The bill clarifies that foreign emissions—both natural and man-made—should be excluded from state air quality compliance reviews, protecting energy producers from 'unnecessary compliance burdens.'

C+

Source Information

Document Type

Congressional Bill

Official Title

FENCES Act

Bill NumberHR 6409
Congress119th Congress
ChamberHouse of Representatives
Latest ActionOrdered to be Reported by the Yeas and Nays: 25 - 22.

Sponsor

Cosponsors

(2)
R: 2

Analysis generated by AI. While we strive for accuracy, this should not be considered legal or professional advice. Always verify information with official government sources.