Jackson Hole, WY — If you’ve spent any summer day in the Tetons watching the mountains disappear behind a gray haze, you already understand the premise behind Sen. Cynthia Lummis’ latest bill. Sometimes your air quality problems are imported.
This week, U.S. Sen. Cynthia Lummis (R-WY) introduced the Foreign Emissions and Nonattainment Clarification for Economic Stability (FENCES) Act, legislation designed to prevent states from being punished under the Clean Air Act for air pollution they didn’t generate, specifically emissions originating outside the United States, including smoke from Canadian wildfires.
A companion bill was introduced in the U.S. House by Rep. August Pfluger (R-TX).
What the Bill is Trying to Fix
Under the Clean Air Act, areas can be labeled “nonattainment” if they don’t meet federal air-quality standards. That designation can trigger additional permitting and compliance requirements that affect development and major employers.
Lummis’ argument is simple: States should not face regulatory penalties when they can demonstrate they would meet federal standards “but for” pollution drifting in from outside U.S. borders. (Yes, smoke can cross an invisible line on a map. Shocking, we know.)
Key provisions in the FENCES Act
① Clarifies “foreign emissions” includes natural events
The bill updates Clean Air Act language to clarify that foreign emissions count even when they are not caused by human activity, a key point for wildfire smoke.
② Limits nonattainment designations when pollution is foreign-sourced
It adds language stating an area may not be designated nonattainment for a pollutant if the state shows it would meet standards but for foreign emissions.
③ Reduces exposure to certain sanctions and fees in “but for” scenarios
The bill also proposes relief from certain penalties/fees in specific nonattainment situations when the state can demonstrate the shortfall was driven by factors beyond its control (including transported emissions and exceptional events).
Why This Matters in Wyoming and the Mountain West
Wyoming doesn’t need a lecture on geography. It’s downwind of plenty of regional smoke events, and the last several years have made wildfire haze feel like a seasonal subscription no one asked for.
The practical concern for states is that nonattainment status can complicate major project permitting and add compliance burdens, especially in regions where wildfire smoke spikes pollution readings despite limited local emissions sources.
EPA also recognizes that air pollution can be transported over long distances, including internationally. This is one reason the policy fight over “who gets blamed” has become louder as wildfire seasons worsen.
What Happens Next
The FENCES Act has been introduced and will now move through the standard congressional process (committee consideration, potential hearings, and, if it gains traction, floor votes). Whether it advances this session will depend on broader Clean Air Act politics and bipartisan appetite for changes tied to transported pollution.
For now, the bill puts a formal name on an experience many in the West know too well: waking up to smoky air and being told to fix it, when the nearest fire is in another country.
Sources: Sen. Lummis press release; bill text (FENCES Act); EPA background on nonattainment and Clean Air Act fee guidance.
AntlersArch founder and the voice behind Teton Tattle.
