This legislation primarily seeks to amend the Clean Air Act by repealing its citizen suit provision. Specifically, it repeals Section 304 of the Clean Air Act , which grants citizens the authority to initiate civil actions against any person alleged to be in violation of an emission standard or limitation, or against the Administrator for failure to perform a non-discretionary act. This repeal would significantly alter the enforcement landscape of federal air quality regulations by removing a key mechanism for public oversight. Beyond the direct repeal, the bill includes extensive conforming amendments across various sections of the Clean Air Act. These amendments systematically remove all existing references to Section 304, ensuring consistency throughout the statute. For instance, sections related to hazardous air pollutants, enforcement, and prevention of significant deterioration are modified to reflect the elimination of citizen suit authority. The overall effect is to centralize enforcement authority primarily with governmental agencies, removing the private right of action previously available to citizens.
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Timeline
Introduced in Senate
Read twice and referred to the Committee on Environment and Public Works.
Introduced in Senate
Read twice and referred to the Committee on Environment and Public Works.
Environmental Protection
Fair Air Enforcement Act of 2025
USA119th CongressS-3049| Senate
| Updated: 10/23/2025
This legislation primarily seeks to amend the Clean Air Act by repealing its citizen suit provision. Specifically, it repeals Section 304 of the Clean Air Act , which grants citizens the authority to initiate civil actions against any person alleged to be in violation of an emission standard or limitation, or against the Administrator for failure to perform a non-discretionary act. This repeal would significantly alter the enforcement landscape of federal air quality regulations by removing a key mechanism for public oversight. Beyond the direct repeal, the bill includes extensive conforming amendments across various sections of the Clean Air Act. These amendments systematically remove all existing references to Section 304, ensuring consistency throughout the statute. For instance, sections related to hazardous air pollutants, enforcement, and prevention of significant deterioration are modified to reflect the elimination of citizen suit authority. The overall effect is to centralize enforcement authority primarily with governmental agencies, removing the private right of action previously available to citizens.