RepublicanBill · S. 3836· Senate(119-S-3836)

FENCES Act

Rep. Lummis
Age: 72 years
Wyoming
Introduced
2/11/2026
Last activity
2/11/2026 — Read twice and referred to the Committee on Environment and Public Works.
Sponsored by
Cynthia Lummis
Cosponsors
Republican - 1Democrat - 0
Environmental Protection
  1. Introduced
  2. In Committee

What this bill would do

This bill, known as the "FENCES Act," seeks to amend the Clean Air Act. It focuses on clarifying standards regarding emissions that come from outside of the United States. The legislation aims to change how nonattainment areas are designated for air quality standards. Specifically, it provides a way for States to demonstrate they would have met standards if not for emissions from outside their control. It also addresses the applicability of sanctions and fees in certain circumstances.

Yes

  • Does this leave more decisions to the states?+5

    The bill increases state authority by allowing them to avoid federal sanctions if they can prove air quality issues are caused by external factors.

  • Does this make it easier to run a small business?+3

    The bill protects states and local sources from federal sanctions and fees due to uncontrollable external emissions.

  • Would people in rural areas be better off under this?+2

    States can more easily defend against federal penalties for air quality issues caused by factors beyond their control.

The opposite

  • Does this better protect air, water and wildlife?-2

    The bill clarifies that areas cannot be designated as nonattainment if emissions come from outside the U.S., which may reduce the urgency for local air quality enforcement.