Congress strips states of power to clean up railroad pollution
S. 1779 — LOCOMOTIVES Act · Filed by Joni Ernst (R-IA) · 19 cosponsors · Introduced May 15, 2025 · Referred to committee
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What it does
This bill amends the Clean Air Act to prohibit states from setting their own emission standards for existing locomotives and railroad engines. Currently, states can impose stricter pollution controls on locomotives under Section 209 of the Clean Air Act; this bill removes that authority and reserves all locomotive emission regulation to the federal government alone.
Why we flagged it
The bill's core function is to strip states of authority to regulate locomotive emissions, consolidating that power at the federal level. This is a classic preemption move that benefits the railroad industry by preventing a patchwork of state standards.
What the text implies
- States that have invested in locomotive emission reduction programs or negotiated stricter standards with railroads lose enforcement authority, potentially stranding prior regulatory investments.
- The bill's definition of 'engaged in commerce' via reference to 49 U.S.C. § 10102 (common carrier railroad transportation for compensation) may exclude short-line, switching, or industrial locomotives from federal regulation entirely, creating a regulatory gap.
The full analysis lists 4 implications of this text.
Who stands to gain
Class I railroads (BNSF, Union Pacific, CSX, Norfolk Southern); Locomotive manufacturers (Wabtec, Progress Rail); Short-line and regional railroads avoiding state compliance costs