Lummis-Led FENCES Act Clears U.S. House

April 16, 2026

Washington, D.C. - U.S. Senator Cynthia Lummis (R-WY) today applauded the bipartisan passage of the Foreign Emissions and Nonattainment Clarification for Economic Stability(FENCES) Act in the U.S. House of Representatives. This legislation protects producers from unnecessary compliance burdens caused by events beyond their control, such as foreign wildfires or dust storms, ensuring fair air quality designations. Representative August Pfluger (TX-11) introduced the companion legislation in the House.

"I'm thrilled to see the FENCES Act move one step closer to becoming law," said Lummis."This legislation will help drive innovation and economic growth across Wyoming by cutting unnecessary red tape. At the same time, the FENCES Act preserves strong Clean Air Act standards while implementing commonsense policies that account for pollution beyond a state's control. I look forward to seeing this legislation make its way to the Senate."

Background:

States throughout America are being unfairly penalized for pollution originating outside U.S. borders, including from natural events such as Canadian wildfires. While current law allows states to adjust their air quality plans when foreign emissions interfere with compliance, EPA guidance under the Biden administration narrowed those adjustments to human-caused emissions only. This change has created unnecessary regulatory hurdles for states and industries already working to meet Clean Air Act requirements.

The FENCES Act restores clarity by confirming that all foreign emissions, whether natural or man-made, are excluded when determining compliance with national air quality standards and during new facility permitting reviews. The bill also allows states to account for foreign emissions earlier in the regulatory process, providing greater certainty and efficiency.

Read the full bill text here.

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