The U.S. House has passed legislation by Texas Congressman August Pfluger aimed at preventing federal regulators from penalizing states for air pollution originating outside the United States.
Lawmakers approved the measure—known as the FENCES Act—by a vote of 220-208, with most Republicans supporting the bill and most Democrats opposing it.
Pfluger’s proposal would amend the Clean Air Act to clarify that emissions from outside U.S. borders cannot be used to designate areas as failing federal air quality standards.
“American companies are being unfairly penalized for pollution originating outside the United States,” Pfluger said. “These designations delay permits and hurt economic growth, while failing to address the very problem they are trying to solve.”
The legislation specifies that foreign emissions—including those caused by natural events like wildfires or dust storms—must be excluded when determining whether an area meets national air quality standards.
It also bars certain federal sanctions or fees when states miss air quality targets due to factors beyond their control, such as foreign pollution, exceptional environmental events, or some mobile-source emissions.
Supporters say the bill is needed to protect energy-producing regions like Texas’ Permian Basin from regulatory uncertainty tied to pollution drifting across borders. Pfluger has argued that even the threat of a “nonattainment” designation can delay permits, increase costs, and hinder economic growth.
“This bill brings long-overdue fairness and certainty to the permitting process. I am proud to lead on this practical, commonsense measure to protect our economy and the integrity of our air quality standards,” Pfluger said following the bill’s passage.
While limiting federal penalties in those cases, the measure maintains requirements for states to continue working toward federal air quality standards.
The bill now heads to the Senate for consideration.
