A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to "Air Plan Disapproval; Colorado; Regional Haze Plan for the Second Implementation Period".
- Bill Number
- S.J.Res. 139
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 2
- Policy Area
- Environmental Protection
- Status
- Introduced
- Latest Action
- 2026-04-29: Motion to proceed to consideration of measure rejected in Senate by Yea-Nay Vote. 46 - 52. Record Vote Number: 110. (CR S2106)
- Last Updated
- 2026-05-04T14:58:41Z
AI-Generated Summary
Purpose
This joint resolution (S.J. Res. 139) aims to disapprove a specific rule issued by the Environmental Protection Agency (EPA). The rule in question disapproves Colorado's state plan to address regional haze—pollution that reduces visibility in protected areas like national parks—during the second implementation period under the Clean Air Act. By using the Congressional Review Act (CRA), a law that allows Congress to overturn certain federal agency rules, the resolution seeks to prevent the EPA's rule from taking effect.
Key Provisions
- Disapproval of EPA Rule: The resolution explicitly disapproves the EPA's rule titled "Air Plan Disapproval; Colorado; Regional Haze Plan for the Second Implementation Period," published in the Federal Register on January 26, 2026 (91 Fed. Reg. 3048).
- Nullification: If passed, the rule would have no legal force or effect, meaning the EPA's disapproval of Colorado's plan would be overturned.
- Procedural Steps: Introduced by Senators Bennet, Whitehouse, and Hickenlooper on March 19, 2026; referred to the Committee on Environment and Public Works but discharged by petition under 5 U.S.C. 802(c) to place it directly on the Senate calendar.
Significant Changes to Existing Law
- This resolution does not amend existing laws but invokes the CRA (chapter 8 of title 5, U.S. Code) to reverse an agency action. It would effectively restore Colorado's submitted regional haze plan by blocking the EPA's rejection, altering the federal oversight process for state air quality plans without creating new statutes.
Potential Impacts
- On Government Agencies: Limits the EPA's ability to enforce stricter standards on Colorado's air quality plans, potentially shifting more responsibility to state-level implementation and reducing federal intervention in this case.
- On Citizens: Could maintain Colorado's existing approach to reducing haze pollution, potentially affecting air quality and visibility in areas like national parks; residents in polluted regions might see delayed or altered protections against health risks from fine particles and pollutants.
- On International Relations: Minimal direct impact, as regional haze is a domestic environmental issue, though it could indirectly influence U.S. commitments under international agreements on air pollution if it sets a precedent for state-federal tensions.
- Broader Effects: May encourage other states to submit plans with less federal alignment, slowing national progress on haze reduction goals.
Main Stakeholders Affected
- EPA and Federal Government: Faces a direct check on its rulemaking authority.
- Colorado State Government and Agencies: Benefits from the potential approval of its plan, allowing state-led environmental strategies without federal override.
- Environmental Groups and Conservationists: May oppose the resolution, as it could weaken protections for visibility and air quality in wilderness areas.
- Industry and Businesses in Colorado: Sectors like energy production, mining, and manufacturing (common sources of haze-causing emissions) could gain flexibility in compliance, reducing regulatory costs.
- Local Communities and Public Health Advocates: Affected by potential changes in pollution controls, with implications for respiratory health and outdoor recreation.
Notable Legal, Constitutional, or Political Implications
- Legal: Reinforces the CRA as a tool for Congress to review and nullify agency rules within a 60-day window (legislative days), highlighting the balance of powers between branches; no court challenge is directly implied, but it could lead to litigation if the plan's implementation is contested.
- Constitutional: Upholds Congress's oversight role under Article I, checking executive branch actions without violating separation of powers.
- Political: Introduced by senators from Colorado (Bennet and Hickenlooper, both Democrats) and Rhode Island (Whitehouse, a Democrat), suggesting state-specific advocacy; bypassing committee via petition indicates urgency or partisan strategy, potentially signaling broader debates on federalism in environmental regulation during the 119th Congress.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Sen. Bennet, Michael F. [D-CO]
Cosponsors (2)
Sen. Whitehouse, Sheldon [D-RI], Sen. Hickenlooper, John W. [D-CO]
Recent Actions
- 2026-04-29: Motion to proceed to consideration of measure rejected in Senate by Yea-Nay Vote. 46 - 52. Record Vote Number: 110. (CR S2106) (Roll call 110)
- 2026-03-19: Placed on Senate Legislative Calendar under General Orders. Calendar No. 364.
- 2026-03-19: Senate Committee on Environment and Public Works discharged, by petition, pursuant to 5 U.S.C. 802(c).
- 2026-03-19: Senate Committee on Environment and Public Works discharged, by petition, pursuant to 5 U.S.C. 802(c).
- 2026-03-19: Read twice and referred to the Committee on Environment and Public Works.
- 2026-03-19: Introduced in Senate
Bill Versions
- Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to Air Plan Disapproval; Colorado; Regional Haze Plan for the Second Implementation Period. — issued 2026-03-19 — PDF (4 pages)