The U.S. House Energy and Commerce Committee on Jan. 21 voted 25-22 to pass legislation proposed by U.S. Rep. August Pfluger (R-TX) that aims to rein in government overreach and protect states, energy producers, and manufacturers.
The Foreign Emissions and Nonattainment Clarification for Economic Stability (FENCES) Act, H.R. 6409, which Rep. Pfluger sponsored in December 2025, would clarify standards to the Clean Air Act to ensure states are not unfairly penalized for emissions originating outside the United States. The bill now heads to the full chamber for consideration.
“It’s American workers and businesses that should not face regulatory penalties for pollution originating outside of our borders in uncontrollable natural events,” Rep. Pfluger said during the committee’s markup of H.R. 6409. “That is not environmental accountability. It is regulatory overreach.”
In his remarks, the congressman pointed out that states can be pushed into non-attainment because of pollution that they do not control and cannot prevent, such as smoke from Canadian wildfires when emissions drift across the southern border, or other foreign sources that can overwhelm local air quality readings, even when states are fully compliant and acting in good faith.
“The Clean Air Act has long acknowledged this problem. Congress intentionally allowed states to account for foreign emissions when those emissions interfere with attainment,” he said. “That balance was disrupted when EPA guidance under the last administration sharply narrowed what counts as foreign emissions, limiting relief to certain human-caused sources, while excluding events like wildfires. That distinction is arbitrary and unworkable. States cannot regulate another country, and they certainly cannot regulate natural disasters.”
If enacted, H.R. 6409 would protect producers from costly, 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, according to a bill summary provided by Rep. Pfluger’s office.