A joint resolution providing for congressional disapproval under chapter 8 of…

This resolution invoked the Congressional Review Act (CRA), a 1996 law that allows Congress to overturn federal agency rules by passing a joint resolution of disapproval within a set review period. The target was an EPA rule that rejected Colorado's state implementation plan for the second period of the Regional Haze Rule, a Clean Air Act program requiring states to make progress toward restoring natural visibility in Class I areas such as national parks and wilderness areas.

The EPA's disapproval of Colorado's plan signaled that the agency found the state's proposed measures insufficient to meet the visibility improvement requirements under the Clean Air Act's Good Visibility provisions. When the EPA disapproves a state plan, it typically triggers a federal implementation plan (FIP) process, in which the EPA itself develops and imposes pollution controls rather than leaving that authority to the state. This dynamic is central to the debate, as supporters of the resolution framed it as a states' rights issue while opponents framed it as federal environmental oversight working as intended.

The constitutional basis for the CRA rests in Congress's Article I authority over legislative and regulatory processes. The Regional Haze Rule itself stems from the Clean Air Act of 1970 and subsequent amendments, particularly the 1977 amendments that established visibility as a national goal for Class I federal areas. Colorado's haze is influenced by emissions from power plants, industrial facilities, and mobile sources both within and outside the state, making it a complex multi-state air quality challenge.

Fiscal impacts center on the costs borne by Colorado industries, particularly the energy sector, if stricter federal controls are imposed through a federal implementation plan. Supporters of overturning the EPA rule argued that Colorado's plan was reasonable and that federal override would impose unnecessary economic burdens. Opponents countered that weakening visibility standards would harm tourism, public health, and the long-term viability of Colorado's outdoor recreation economy.

The vote's failure means the EPA rule stands, and Colorado faces the prospect of either revising its state plan to satisfy federal requirements or having the EPA impose its own controls. This outcome is consistent with a broader pattern in which CRA resolutions targeting environmental rules have faced difficulty clearing the Senate.

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The Senate voted 46 to 52 on May 2024 to reject a resolution that would have overturned an EPA rule disapproving Colorado's state plan for reducing regional haze. Regional haze refers to the man-made air pollution that reduces visibility in national parks, wilderness areas, and other scenic landscapes. Under the Clean Air Act, states must submit plans every decade showing how they will make progress toward restoring natural visibility. The EPA rejected Colorado's second-period plan, concluding it did not meet federal standards, and this resolution would have used the Congressional Review Act to nullify that EPA decision and restore Colorado's original plan.

Supporers of the resolution, primarily Republican senators and industry groups, argued that Colorado had developed a reasonable, locally tailored plan and that the EPA's rejection represented federal overreach into state authority. They contended that allowing the EPA to impose its own federal implementation plan on Colorado would force expensive pollution controls on power plants and other industrial facilities, raising energy costs for consumers and threatening jobs in the state's energy sector. Backers framed the vote as a defense of cooperative federalism, the principle that states should lead environmental planning with federal agencies in a supporting role.

Opponents, largely Democratic senators and environmental organizations, argued that the EPA's disapproval was a lawful exercise of its Clean Air Act authority and that Colorado's plan fell short of the visibility improvements required by law. They noted that regional haze does not stop at state borders, meaning pollution from Colorado affects visibility in protected areas in neighboring states as well. Environmental groups also warned that using the CRA to overturn the rule would trigger a permanent legal bar preventing the EPA from issuing any substantially similar visibility rule in the future, a consequence they said would cause lasting damage to national air quality protections.

For ordinary Americans, the failed resolution means the EPA's disapproval of Colorado's haze plan remains in effect. Colorado must now either revise its state plan to satisfy federal requirements or face the imposition of a federal implementation plan designed and enforced by the EPA. Visitors to Rocky Mountain National Park and other Class I areas in and near Colorado may eventually see clearer skies if stricter controls take effect, but residents and businesses in Colorado's energy sector face the prospect of more stringent and potentially costly federal emissions requirements in the years ahead.