Congress blocks EPA air-quality enforcement, lets Colorado weaken haze standards
S.J.Res. 139 — 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". · Filed by Michael Bennet (D-CO) · 2 cosponsors · Introduced Mar 19, 2026 · Reported out
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What it does
This is a Congressional Review Act (CRA) resolution that blocks an EPA rule disapproving Colorado's regional haze air-quality plan. The EPA had rejected Colorado's plan as inadequate; this resolution voids that EPA disapproval, allowing Colorado's plan to stand. The net effect is that Colorado's weaker air-quality protections remain in place instead of being replaced by EPA-mandated stricter standards.
Why we flagged it
This is a procedural deregulation tool—a CRA disapproval that nullifies an EPA enforcement action, allowing a state air-quality plan the EPA deemed insufficient to remain in effect. It uses the Congressional Review Act mechanism to override executive environmental protection.
What the text implies
- Voiding EPA disapproval of Colorado's plan sets a precedent for using CRA to block EPA enforcement of Clean Air Act regional haze standards, potentially emboldening similar challenges to other state air plans EPA has rejected.
- Colorado's plan remains in effect, but EPA retains authority to disapprove it again if the plan continues to fail regional haze standards—this resolution does not permanently shield the state plan from future EPA action.
The full analysis lists 3 implications of this text.
Who stands to gain
coal-fired power plants and industrial facilities in Colorado subject to regional haze controls; energy producers avoiding stricter emission limits