Bill Summary
The "Fair Air Enforcement Act of 2025" proposes amendments to the Clean Air Act, specifically targeting the repeal of Section 304, which allows citizens to bring lawsuits against violators of air quality standards. This legislation aims to eliminate this provision, thereby restricting the ability of individuals to hold entities accountable for non-compliance with air pollution regulations. Additionally, the bill includes various conforming amendments to other sections of the Clean Air Act to reflect the repeal of Section 304, ensuring that references to it are removed and that the Act functions smoothly without this provision.
Possible Impacts
The **Fair Air Enforcement Act of 2025**, which repeals the provision for citizen suits under the Clean Air Act, could have several significant effects on individuals and communities. Here are three examples:
1. **Reduced Accountability for Polluters**: By eliminating the ability of citizens to file lawsuits against companies that violate air quality standards, individuals living near industrial areas may find it more challenging to hold polluters accountable. This could lead to increased air pollution in their communities, adversely affecting public health, especially for vulnerable populations such as children and the elderly who are more susceptible to respiratory issues.
2. **Limited Public Participation in Environmental Protection**: The repeal of citizen suit provisions could diminish the role of community members in environmental governance. Without the ability to take legal action, residents may feel disenfranchised and less empowered to advocate for their rights to clean air. This may result in a lack of community engagement in environmental protection efforts, leading to policies that do not reflect the needs or concerns of affected populations.
3. **Potential Increase in Health Care Costs**: If air quality deteriorates due to reduced enforcement of air quality regulations, the resultant increase in air pollution could lead to higher rates of respiratory illnesses, cardiovascular problems, and other health issues. This could burden local health care systems and result in increased medical costs for individuals and families, particularly those with pre-existing health conditions aggravated by poor air quality.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3049 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 3049
To amend the Clean Air Act to repeal a provision concerning citizen
suits, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 23, 2025
Mr. Lee introduced the following bill; which was read twice and
referred to the Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To amend the Clean Air Act to repeal a provision concerning citizen
suits, 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 ``Fair Air Enforcement Act of 2025''.
SEC. 2. REPEAL.
(a) In General.--Section 304 of the Clean Air Act (42 U.S.C. 7604)
is repealed.
(b) Conforming Amendments.--
(1) Section 112 of the Clean Air Act (42 U.S.C. 7412) is
amended--
(A) in subsection (e)(3), in the second sentence,
by striking ``, except that'' and all that follows
through ``of this Act''; and
(B) in subsection (r)--
(i) in paragraph (1), by striking the third
sentence;
(ii) in paragraph (6)(O), in the third
sentence, by striking ``304''; and
(iii) in paragraph (7)(E), in the second
sentence, by striking ``304,''.
(2) Section 113(e) of the Clean Air Act (42 U.S.C. 7413(e))
is amended--
(A) in paragraph (1), in the first sentence, by
striking ``or section 304(a)''; and
(B) in paragraph (2), in the second sentence, by
striking ``or section 304(a),''.
(3) Section 119(a)(3) of the Clean Air Act (42 U.S.C.
7419(a)(3)) is amended by striking ``section 110, 304,'' and
inserting ``sections 110''.
(4) Section 129(f)(4) of the Clean Air Act (42 U.S.C.
7429(f)(4)) is amended by striking ``304,''.
(5) Section 169A of the Clean Air Act (42 U.S.C. 7491) is
amended--
(A) by striking subsection (f); and
(B) by redesignating subsection (g) as subsection
(f).
(6) Section 176(c)(4) of the Clean Air Act (42 U.S.C.
7506(c)(4)) is amended--
(A) by striking subparagraph (C);
(B) by redesignating subparagraphs (D), (E), and
(F) as subparagraphs (C), (D), and (E) respectively;
and
(C) in subparagraph (D) (as so redesignated), by
striking ``subparagraph (D)(i)'' and inserting
``subparagraph (C)(i)''.
(7) Section 202(i)(3)(D) of the Clean Air Act (42 U.S.C.
7521(i)(3)(D)) is amended by striking the second sentence.
(8) The second section 317 of the Clean Air Act (42 U.S.C.
7617) (relating to economic impact assessments) is amended--
(A) by striking subsection (f); and
(B) by redesignating subsection (f) as subsection
(g).
(9) Title III of the Clean Air Act is amended by
redesignating the second section 317 (42 U.S.C. 7617) (relating
to economic impact assessments) as section 318.
(10) Section 328(a)(1) of the Clean Air Act (42 U.S.C.
7627(a)(1)) is amended, in the sixth sentence, by striking
``120, and 304'' and inserting ``and 120''.
(11) Section 411(e) of the Clean Air Act (42 U.S.C.
7651j(e)) is amended by striking ``120, or 304'' and inserting
``or 120''.
(12) Subsection (k)(1)(C) of the American Innovation and
Manufacturing Act of 2020 (42 U.S.C. 7675) is amended--
(A) by striking ``304,''; and
(B) by striking ``7604,''.
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