Fair Air Enforcement Act of 2025
Summary
The Fair Air Enforcement Act of 2025 proposes to amend the Clean Air Act by repealing Section 304, which concerns citizen suits. This section currently allows citizens to sue for violations of the Clean Air Act. The bill also includes conforming amendments to other sections of the Clean Air Act to remove references to the repealed Section 304.
The intention of the bill is to limit the ability of private citizens to bring lawsuits related to air quality violations. This would shift enforcement authority primarily to governmental agencies.
The bill was introduced in the Senate by Mr. Lee and referred to the Committee on Environment and Public Works.
Expected Effects
The primary effect of this bill would be to eliminate the ability of citizens to file lawsuits under Section 304 of the Clean Air Act. This could lead to reduced enforcement of the Clean Air Act if government agencies do not adequately compensate for the loss of citizen-initiated lawsuits.
Companies might face less legal pressure to comply with air quality regulations. This could potentially lead to increased pollution in some areas if governmental oversight is insufficient.
The changes would also streamline the legal framework by removing references to the repealed section throughout the Clean Air Act.
Potential Benefits
- Potentially reduces frivolous lawsuits against businesses.
- Could streamline enforcement efforts by concentrating authority in government agencies.
- May reduce compliance costs for businesses if citizen suits are a significant burden.
- Could lead to more consistent enforcement of environmental regulations.
- May reduce uncertainty for businesses regarding potential legal challenges.
Most Benefited Areas:
Potential Disadvantages
- Reduced citizen oversight of Clean Air Act violations.
- Potential for decreased enforcement of environmental regulations if government agencies are understaffed or underfunded.
- May disproportionately affect communities that rely on citizen suits to address local pollution issues.
- Could weaken incentives for companies to proactively comply with environmental regulations.
- May limit public participation in environmental enforcement.
Constitutional Alignment
The bill's alignment with the US Constitution is complex. Article I, Section 1 vests legislative powers in Congress, giving it the authority to amend existing laws like the Clean Air Act. The repeal of citizen suit provisions does not directly infringe upon any specific constitutional right.
However, some might argue that limiting citizen access to legal remedies could indirectly affect the right to petition the government for redress of grievances, as protected by the First Amendment. The extent of this impact would depend on whether alternative avenues for addressing environmental concerns remain available and effective.
Ultimately, the constitutionality of the bill would likely hinge on whether it undermines the fundamental principles of environmental protection and public welfare to an extent that it violates other constitutional provisions.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).