WASHINGTON – U.S. Senator Mike Lee (R-UT) introduced the End EPA Abuse Act to stop the Environmental Protection Agency (EPA) from exercising undue authority to arbitrarily create and enforce policy decisions that rightly belong to Congress. The legislation is cosponsored by Senator Cynthia Lummis (R-WY), and its House version was introduced by Congressman Andrew Clyde (R-GA-09). The bill is endorsed by twelve organizations and twenty Attorneys General from across the country.

“The EPA has overstepped its authority as far as possible to put America’s energy producers in a chokehold,” said Senator Mike Lee. “They’ve exploited any power they can grab to push Biden and Obama’s climate psychosis at the expense of our energy security. They make up and enforce regulations to suffocate America’s energy producers and devastate major sectors of our economy. The End EPA Abuse Act will clarify once and for all that policymaking belongs to Congress, whom the American people have elected – not to the leftwing bureaucracy.”

"The EPA has spent years using the Clean Air Act as a backdoor tool to wage war on fossil fuels and strip Americans of their energy choices,” said Senator Cynthia Lummis. “The End EPA Abuse Act puts Congress back in the driver's seat where we belong. That's why I'm proud to cosponsor this legislation and finally draw a clear line against an agency that has far exceeded the authority Congress ever intended to give it."

“Under the Biden Administration, the EPA increasingly treated the Clean Air Act as a blank check to push de facto electric vehicle mandates, jeopardize reliable energy sources, and impose costly regulations on American consumers and businesses,” said Congressman Andrew Clyde. “Unelected Washington bureaucrats should never have the power to dictate what kind of car Americans drive or how our country produces electricity. The End EPA Abuse Act puts Congress back in the driver's seat where it belongs, preventing any future Democrat Administration from abusing the EPA’s regulatory authority to advance the Left’s radical, anti-American energy agenda.”

The End EPA Abuse Act is endorsed by twenty Attorneys General who penned a letter of support, as well as the following organizations: The American Energy Institute, American Consumer Institute, Competitive Enterprise Institute, Frontiers of Freedom Institute, Eagle Forum, Less Government, the Heartland Institute, Center for a Free Economy, American Energy Alliance, Truth in Energy and Climate, the John Locke Foundation, and the Center for Energy and Conservation at Independent Women’s Voice.

“The End EPA Abuse Act of 2026 is a win for our States and our residents. We are grateful that the Trump administration has moved aggressively to correct many of the Biden-era and Obama-era excesses described above. EPA Administrator Zeldin has been a skilled partner in unwinding unlawful rules, and we applaud those efforts. But statutory guardrails—not administrative forbearance—provide the durable solution our constituents deserve. Thank you for your commitment to keeping the EPA within its statutory authority. The States recognize that EPA has an important role to play. We ask only that Congress ensure that, in playing that role, the EPA does not again usurp ours.” – A.G. John McCuskey and other Attorneys General

“The EPA was never authorized to engineer America’s transportation system, force fuel switching at power plants, or jeopardize grid reliability in pursuit of political objectives. The End EPA Abuse Act restores important guardrails by prohibiting regulations that effectively ban internal combustion engines, mandate unproven technologies, or threaten reliable electricity generation. Americans deserve affordable, dependable energy and the freedom to choose the products that best meet their needs.” – American Energy Institute

"The CAA has been abused to create electric vehicle mandates, force the grid to shift to renewables, and impose impossible technological standards, all of which inflict burdensome costs and hardship onto consumers. This bill will keep the CAA within the bounds set by Congress, preserving consumer choice and protecting our electric grid from unjustified and unrealistic regulations."  – American Consumer Institute

“The EPA is supposed to be focused on environmental protection, not on trying to stretch the Clean Air Act to change the very nature of our economy. Yet this is exactly what has been happening in recent years. Not long ago, people would have been thought of as wacky if they claimed the EPA would try to use the Clean Air Act to kill off gas-powered cars or try and change how the country produces electricity. But this is exactly what the agency has been doing. The End EPA Abuse Act establishes much-needed guardrails on the EPA. The bill is a means by which Congress would be reasserting its power while still allowing the EPA to do its job to protect the environment. The only thing the bill prohibits is the greatest abuses that common sense tells us Congress never authorized in the first place. Sen. Lee and Rep. Clyde should be commended for introducing this critical reform bill.” – Competitive Enterprise Institute

“Senator Mike Lee has once again shown the kind of principled leadership our country desperately needs with the introduction of the End EPA Abuse Act of 2026. This important legislation directly confronts the Environmental Protection Agency’s relentless overreach by protecting American consumers’ right to choose the vehicles they want and can afford, while also safeguarding the reliability of our electric grid. By reining in the EPA’s ability to impose unrealistic, costly, and anti-consumer mandates — particularly those that target internal combustion engines and force fuel-switching at power plants — Senator Lee is standing up for constitutional limits on federal power and defending the economic freedom of hardworking Americans. This bill is a much-needed corrective to years of regulatory abuse and should be supported by anyone who believes government agencies should serve the people, not dictate to them.” – Frontiers of Freedom Institute

Background

Since its enaction in 1970, the EPA has increasingly interpreted the Clean Air Act not merely as a mandate to protect air quality, but as license to impact major sectors of the American economy. By exploiting statutory ambiguities and stretching its regulatory authority beyond Congress's original intent, the agency has abused the Clean Air Act to impose sweeping policies impacting electricity generation, transportation, and industrial production.

For example, the Obama-era EPA used Clean Air Act regulatory authority to attempt to implement the “Clean Power Plan,” which would have forced power plants to switch from coal to other sources of fuel. In 2022, the U.S. Supreme Court rejected this overreach in West Virginia v. EPA, arguing that Congress had not authorized the EPA to assert such broad authority that would have carried massive economic and political consequences. The Court rightly recognized that major policy decisions belong to Congress, not a federal agency.

Despite positive court cases and deregulatory actions by President Trump’s EPA, future administrations will continue using the Clean Air Act as a tool to assert authority for major policy decisions that go well beyond the law. Congress should codify in statute clear guardrails to protect Americans from an EPA that imposes excessive rules that drive up prices, restrict consumer choice, and devastate the agency’s disfavored industries.

The End EPA Abuse Act

The End EPA Abuse Act would prohibit the EPA from issuing Clean Air Act regulations that could be reasonably determined to significantly expand the Agency’s authority beyond the intent of Congress.

This includes any regulation that:

a) Restricts the sale or use of internal combustion engine vehicles;

b) Requires power plants to switch fuel sources;

c) Reduces the reliability of the electric grid, or;

d) Requires the use of technology that is economically or practically infeasible.

The bill also clarifies that “regulations” includes waivers like those issued to California for their EV mandate.

Bill Text | One Pager | Endorsements

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