Rep. Pfluger Leads Permitting Reform Charge to Protect States from Government Overreach

WASHINGTON, D.C. - Congressman August Pfluger (TX-11) is leading the charge for permitting reform in Congress, introducing legislation to protect states and industries from government overreach.

The "Foreign Emissions and Nonattainment Clarification for Economic Stability (FENCES) Act" will ensure fair and consistent air quality designations by making clear that states will not be penalized for emissions outside U.S. borders. It will also protect producers from unnecessary compliance burdens caused by events beyond their control, such as foreign wildfires or dust storms, while upholding environmental standards under the Clean Air Act.

Read more about this legislation in E&E News, here.

"American companies are being unfairly penalized for pollution originating outside the United States. We've seen how even the mention of a nonattainment designation, like when the Biden EPA threatened to redesignate the Permian Basin, can create significant uncertainty for businesses and communities. These designations delay permits and hurt economic growth, while failing to address the very problem they are trying to solve," said Rep. Pfluger. "My bill restores commonsense by preventing the EPA from punishing states for pollution they didn't cause - including foreign emissions, cross-state transport, wildfire smoke, and mobile-source emissions outside their control. I'm proud to lead this bill as another major step in modernizing and strengthening America's broken permitting system."

Text of the legislation is available here.

Background:

States across the country are being unfairly penalized for pollution that originates beyond U.S. borders, including from natural events like the Canadian wildfires. Under current law, states can adjust their air quality plans if foreign emissions affect their ability to meet federal air standards. However, EPA guidance under the Biden administration limited those adjustments only to human-caused emissions, creating unnecessary hurdles for states and industries already working to comply with the Clean Air Act.

The FENCES Act clarifies that all foreign emissions, whether natural or man-made, are excluded when determining whether a state meets national air quality standards or when reviewing new facility permits. The bill also allows states to account for foreign emissions earlier in the process, rather than waiting until all other requirements are complete.

At a September Energy and Commerce Environment Subcommittee Hearing, Rep. Pfluger emphasized the need for permitting reform, highlighting how nonattainment designations can delay permits, hurt economic growth, and fail to address the very problems they aim to solve. Additionally, he previewed the FENCES Act, emphasizing how current Clean Air Act permitting can delay certain projects for years, skyrocket costs, and pose a huge burden on companies. Read more and watch his full line of questioning here.