Senate upholds EPA approval of South Dakota air pollution plan

By Sean Reilly | 01/07/2026 04:23 PM EST

Lawmakers blocked legislation from Environment and Public Works ranking member Sheldon Whitehouse.

Sen. Mike Rounds (R-S.D.) speaks with reporters.

Sen. Mike Rounds (R-S.D.) on Wednesday defended his state's plan to control haze-forming pollution. Francis Chung/POLITICO

The Senate on Wednesday blocked legislation from the top Democrat on the Environment and Public Works Committee seeking to undo EPA’s approval of a South Dakota air pollution plan.

By a 43-50 procedural vote, senators opted along party lines against taking up S.J. Res. 86, a Congressional Review Act resolution aimed at repealing the agency’s sign-off with the goal of then prodding the state to do more to control haze-forming pollution from three coal-fired industrial plants.

The state plan made no updates “to significantly out-of-date controls” at those plants, with the resulting pollution blowing downwind “toward midwestern and eastern states,” Sen. Sheldon Whitehouse of Rhode Island said before the vote.

Advertisement

EPA’s approval, he said, “puts forward a reading of the Clean Air Act that is blatantly at odds” with its text and “encourages the spread of harm to the downwind states from these polluting plants.”

GET FULL ACCESS