119-SJRES-86 Journalist Public Summary

Headline Summary

Overturn EPA’s approval of South Dakota’s air‑quality “regional haze” plan for national parks and wilderness areas. [1]Congress.gov — Text - S.J.Res.86 (119th Congress)

What It Does

This resolution uses the Congressional Review Act (CRA) to nullify an EPA final rule that approved South Dakota’s plan for reducing haze that obscures views in protected parks and wilderness areas during the 2018–2028 planning period. If enacted, EPA’s approval would have no force or effect, and EPA could not issue a new rule that is “substantially the same” without a new law from Congress. [1]Congress.gov — Text - S.J.Res.86 (119th Congress)[2]Justia / Federal Register — Federal Register final rule: Air Plan Approval; Sou…[4]Legal Information Institute (Cornell Law School) — 5 U.S.C. § 801 — Congression…

Why it matters: Regional haze standards aim to protect visibility in “Class I” areas. South Dakota’s plan affects places like Badlands and Wind Cave National Parks and ties into a nationwide program to restore natural visibility conditions over time. [5]South Dakota Department of Agriculture & Natural Resources — South Dakota Regio…[6]U.S. Environmental Protection Agency — Regional Haze Program overview

Who’s For It

• Sen. Sheldon Whitehouse (D‑RI), the sponsor. [1]Congress.gov — Text - S.J.Res.86 (119th Congress)
• Conservation groups that criticized EPA’s approval as too weak on pollution controls (e.g., National Parks Conservation Association, Sierra Club, Coalition to Protect America’s National Parks); based on their comment letter, they argue the plan does not ensure “reasonable progress.” (Inference from their opposition to the EPA approval.) [7]Coalition to Protect America’s National Parks — Conservation groups’ comments o…

Who’s Against It

• Stakeholders who supported EPA’s approval are likely to oppose overturning it. EPA’s notice reports nine supportive comment submissions and two in opposition; commenters included the South Dakota Department of Agriculture & Natural Resources and several utilities (e.g., Otter Tail Power, Montana‑Dakota Utilities) as well as conservation groups. (Positions summarized from EPA’s rule preamble and docket list.) [2]Justia / Federal Register — Federal Register final rule: Air Plan Approval; Sou…
• More broadly, entities preferring state‑crafted plans over federal re‑writes may resist a disapproval that could force EPA back to the drawing board. (General CRA effect explained here.) [4]Legal Information Institute (Cornell Law School) — 5 U.S.C. § 801 — Congression…

What’s Next

Under the CRA, the resolution is eligible for expedited Senate consideration (no filibuster; simple‑majority vote). After Senate action, it would also need House approval and the President’s signature (or a two‑thirds override of a veto) to take effect. The underlying EPA rule was formally submitted to Congress on September 2–3, 2025, which started the CRA review clock. [3]Congressional Research Service via Congress.gov — The Congressional Review Act…[8]Legal Information Institute (Cornell Law School) — 5 U.S.C. § 802 — Congression…[9]Congress.gov — Senate Executive Communication noting EPA submission of the Sout…