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WASHINGTON, D.C.—Today, Congressman August Pfluger's (TX-11) "Foreign Emissions and Nonattainment Clarification for Economic Stability (FENCES) Act" passed through the U.S. House of Representatives by a vote of 220-208. This is Rep. Pfluger's 9th bill to pass the House this term, and it builds on his work to deliver meaningful permitting reform in Congress.
In response to his legislation's passage, Rep. Pfluger said, "The passage of my FENCES Act is a win for American businesses and workers who have been unfairly penalized for pollution beyond their control. By ensuring that foreign emissions and natural events, such as wildfires, are not counted against air monitoring data, this bill brings long-overdue fairness and certainty to the permitting process. This means fewer delays, lower costs for consumers, and more confidence for businesses looking to invest and create jobs. It is a practical, commonsense fix that protects our economy and the integrity of our air quality standards."
Rep. Pfluger's FENCES Act reins in government overreach and protects states, energy producers, and manufacturers by bringing long-overdue clarity and fairness standards to the Clean Air Act. This will ensure states are not unfairly penalized for emissions originating outside the United States. The bill also protects producers from costly and unnecessary compliance requirements caused by factors 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, or in the Odessa American here.
Text of the legislation is also available here.
Several key House Republican leaders also praised Rep. Pfluger for his leadership on this critical legislation and its passage:
Speaker of the House Mike Johnson (LA-04) said, “The FENCES Act ensures states are not punished by Biden-era regulations for foreign emissions outside of their control. By passing this legislation, Republicans are providing workers and businesses the economic certainty they deserve and protection from unfair regulatory penalties. I commend Rep. Pfluger for his leadership to restore common sense to our permitting system.”
House Energy and Commerce Committee Chairman Brett Guthrie (KY-02) said, "Pollution that originates outside our borders shouldn't penalize American communities and manufacturers. The FENCES Act ensures states are not held responsible for emissions they cannot control and provides a more predictable regulatory environment for manufacturers across the country while maintaining the Clean Air Act's core environmental protections. Thank you to Congressman Pfluger for his work to deliver this commonsense reform for our domestic manufacturers."
House Majority Leader Steve Scalise (LA-01) said, “It makes no sense to punish states for emissions originating outside America’s borders and place unnecessary burdens on manufacturers and communities, delaying important projects for years and raising costs for Americans. I’m grateful to Rep. Pfluger for bringing forward this critical legislation to cut onerous Biden-era red tape, prevent states from being penalized for foreign emissions, and ensure fair and consistent air quality designations that will lower costs, and am glad to see it pass the House.”
House Majority Whip Tom Emmer (MN-06) said, “It’s common sense that states should not be penalized for pollution that comes from other countries. Thankfully, in passing Congressman Pfluger's FENCES Act, the House is bringing an end to this practice, easing unnecessary compliance burdens, and enabling American growth.”
House GOP Conference Chairwoman Lisa McClain (MI-09) said, “Time and again, Democrats choose to punish American manufacturers, American energy producers, and American families while letting China off the hook. It’s reckless – and it’s expensive. Republicans will not force America to play by one set of rules while our adversaries play by none. This bill slams the brakes on Green New Deal overreach and puts American jobs, American energy, and American strength first.”
This legislation also has widespread outside support, including the U.S. Chamber of Commerce, the American Petroleum Institute, the American Fuel and Petrochemical Manufacturers, the GPA Midstream Association, the Independent Petroleum Association of America, the American Exploration and Production Council, the National Mining Association, the American Cement Association, the National Association of Manufacturers, the American Forest and Paper Association, the American Iron and Steel Institute, and the Competitive Enterprise Institute.
Several leaders from these industries also praised the passage of FENCES and Rep. Pfluger's leadership:
Kristin Whitman, API, SVP of Federal Relations, said, "Representative Pfluger’s Foreign Emissions & Nonattainment Clarification Act delivers long-overdue fairness in air-quality compliance, ensuring U.S. states and businesses aren’t penalized for factors beyond their control. API believes this is a critical and commonsense step that protects environmental integrity, while maintaining economic competitiveness."
Parker Kasmer, AXPC, VP of Government Affairs, said,“Fair and predictableregulatory frameworks that balance the playing field for statesare essential to advancing environmental progress while meeting America’s and the world’s growing need for secure, affordable energy.The United States leads the world in energy production and emissions reductionsinside our borders,and solutions like Rep. August Pfluger's FENCES Act recognize this leadership and provide long-overdue clarity under the Clean Air Actto ensure local communities and American businessesare not penalized for emissions originating beyond U.S. borders.”
Daren Bakst, CEI, Director of the Center for Energy and Environment, said, “The US has some of the cleanest air in the world, yet there is a constant effort to make the National Ambient Air Quality Standards (NAAQS) even stricter. It is a sweeping way to block permits and restrict development. Even worse, states arepunished for emissions they have no control over. This is unacceptable. The FENCES Act would bring some common sense to the Clean Air Act by clarifying, among other things, that states can’t be penalized for failing to meet air quality standards due to foreign emissions from naturally occurring sources, such as wildfires.”
Prior to its passage, Rep. Pfluger spoke on the House floor in favor of his legislation. Watch his remarks in full by clicking here or the image below:
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