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FENCES Act: Protecting States from Penalties for Foreign Air Pollution

This bill prevents states from being penalized for failing air quality standards due to pollution coming from outside the U.S. or natural disasters. It ensures that local economies and taxpayers aren't burdened by fines for environmental factors beyond their control.
Key points
States won't be labeled as 'failing' if air quality issues are caused by foreign emissions or natural events.
Exempts states from federal fines and sanctions for ozone or dust levels they cannot realistically control.
Requires states to prove every five years that external factors are the primary cause of air quality violations.
Does not remove the general obligation for states to implement local air quality improvement measures.
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Status:
Introduced
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Additional Information
FENCES Act
Print number: S 3836
Sponsor: Sen. Lummis, Cynthia M. [R-WY]
Process start date: 2026-02-11