The FENCES Act fundamentally restructures how states are held accountable under the Clean Air Act for air quality violations caused by emissions beyond their regulatory control. The legislation addresses a critical gap in federal air quality enforcement by preventing states from being penalized for failing to meet national ambient air quality standards when the pollution originates from sources outside their jurisdiction, including international emissions, exceptional events, or mobile sources that states cannot effectively regulate. This represents a significant shift in Clean Air Act enforcement philosophy, moving from strict liability toward a more nuanced approach that considers the practical limitations of state regulatory authority. The bill targets specific nonattainment classifications where states have faced the most severe consequences, including Severe and Extreme ozone areas and Serious particulate matter areas, providing these jurisdictions with new defenses against federal sanctions and fees.

Who sponsored HR6409?

August Pfluger, Dan Crenshaw, Jeff Crank

What is the status of HR6409?

Introduced as of December 3, 2025.

The FENCES Act fundamentally restructures how states are held accountable under the Clean Air Act for air quality violations caused by emissions beyond their regulatory control. The legislation addresses a critical gap in federal air quality enforcement by preventing states from being penalized for failing to meet national ambient air quality standards when the pollution originates from sources outside their jurisdiction, including international emissions, exceptional events, or mobile sources that states cannot effectively regulate. This represents a significant shift in Clean Air Act enforcement philosophy, moving from strict liability toward a more nuanced approach that considers the practical limitations of state regulatory authority. The bill targets specific nonattainment classifications where states have faced the most severe consequences, including Severe and Extreme ozone areas and Serious particulate matter areas, providing these jurisdictions with new defenses against federal sanctions and fees.

Who sponsored HR6409?

August Pfluger, Dan Crenshaw, Jeff Crank

What is the status of HR6409?

Introduced as of December 3, 2025.

Amendment

119th Congress

H.R.6409

FENCES Act Foreign Emissions and Nonattainment Clarification for Economic Stability Act

Introduced

H. R. 6409

Introduced in House · December 8, 2025

December 3, 2025

Mr. Pfluger introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL

To amend the Clean Air Act to clarify standards for emissions emanating from outside of the United States, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the “Foreign Emissions and Nonattainment Clarification for Economic Stability Act” or the “FENCES Act”.

HR6409 U.S. House: FENCES Act Foreign Emissions and…