Question 1

What does HR6409 do?

Accepted Answer

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.

Question 2

Who sponsored HR6409?

Accepted Answer

August Pfluger, Dan Crenshaw, Jeff Crank

Question 3

What is the status of HR6409?

Accepted Answer

Engrossed as of April 17, 2026.

H.R.6409

H. R. 6409