New 'Fair Air Enforcement Act' Eliminates Citizen Lawsuits Against Polluters, Rewriting Clean Air Oversight.

The newly introduced “Fair Air Enforcement Act of 2025” is short, but its impact is massive. This legislation’s core action is the complete repeal of Section 304 of the Clean Air Act, which is the provision that grants regular citizens the right to sue polluters or the government (like the EPA) for failing to enforce environmental laws. The rest of the bill focuses on cleaning up the existing statute, striking references to the now-defunct Section 304 across dozens of other sections, including parts of the American Innovation and Manufacturing Act of 2020.

The End of the Citizen Lawsuit

Section 304, now targeted for repeal, is the public’s main tool for holding companies and regulators accountable under the Clean Air Act. Think of it as the environmental 911 call when the official police (the EPA) doesn’t show up. If a factory near your kid’s school is clearly violating its permitted emissions limits, and the EPA isn't doing anything about it, Section 304 allows local residents or environmental groups to take the polluter to court. This bill eliminates that option entirely (SEC. 2. Repeal of Section 304).

Who’s Watching the Watchmen?

If this bill passes, the enforcement of clean air standards rests almost entirely with the government—specifically the EPA and state environmental agencies. For people living near industrial facilities, especially those in communities already dealing with higher rates of pollution, this is a major shift. If the EPA is understaffed, politically constrained, or simply chooses not to prioritize a local violation, the public loses its fallback legal mechanism. This means that accountability for clear violations of air quality standards could become a lot harder to achieve, potentially leading to increased exposure for nearby residents.

The Real-World Impact on Your Neighborhood

Imagine you live in a town where a local manufacturing plant is supposed to be following strict limits on certain airborne chemicals, but you’ve noticed a persistent, foul smell and higher rates of respiratory illnesses in your family. Currently, if the state agency tells you they’ll get to it eventually, you have the option under Section 304 to hire a lawyer and force the issue. The Fair Air Enforcement Act removes that power. The law’s conforming amendments, such as striking references to Section 304 in sections dealing with hazardous air pollutants (Section 112) and nonattainment areas (Section 176), confirm that this rollback applies across the board, from routine violations to major smog-related issues. While companies might see a benefit in reduced litigation costs and administrative hassle, the public bears the cost of losing a critical check on air quality.