Foreign Emissions and Nonattainment Clarification for Economic Stability Act; FENCES Act
Summary
The "Foreign Emissions and Nonattainment Clarification for Economic Stability Act" (FENCES Act) amends the Clean Air Act. It clarifies that states should not be penalized for air quality issues caused by emissions from outside the United States, regardless of the source. This bill aims to provide relief to areas struggling to meet air quality standards due to factors beyond their control.
Expected Effects
The FENCES Act could lead to reduced regulatory burdens on states and businesses in areas affected by foreign emissions. It may also change how areas are designated as nonattainment areas. This could affect the implementation of certain environmental regulations and associated economic sanctions.
Potential Benefits
- Potentially reduces financial burdens on states and businesses due to non-attainment penalties.
- Allows states to focus resources on addressing domestic sources of pollution.
- May prevent unfair economic disadvantages for areas affected by uncontrollable foreign emissions.
- Could lead to more realistic and achievable air quality goals for certain regions.
- Provides a mechanism for states to demonstrate that non-attainment is due to external factors.
Potential Disadvantages
- May weaken overall air quality standards and enforcement.
- Could reduce incentives for states and industries to reduce emissions, even from domestic sources.
- Potential for increased pollution in areas downwind from international sources.
- The demonstration requirement could be burdensome for states.
- May lead to disputes over the origin and impact of emissions.
Most Disadvantaged Areas:
Constitutional Alignment
The bill aligns with the Constitution by addressing issues that affect multiple states and potentially international relations, areas where the federal government has a legitimate role. However, the Tenth Amendment reserves powers not delegated to the federal government to the states, and this bill could be seen as either respecting state autonomy in managing air quality or infringing upon it depending on one's interpretation. The Commerce Clause (Article I, Section 8) grants Congress the power to regulate commerce with foreign nations, which could be relevant to addressing emissions from outside the U.S.
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).