Environmental Health Restoration Act of 2026
- Sponsor
- Rep. Casten, Sean [D-IL-6]
- Committees
- Science, Space, and Technology Committee (primary)
- Last action
- Sep 17, 2026
Bottom line
The bill aims to reverse recent environmental deregulation, strengthen the EPA's regulatory and enforcement powers, and prioritize environmental justice through specific mandates and funding authorizations.
What it actually does
This bill mandates the Environmental Protection Agency (EPA) to immediately reinstate a broad range of environmental regulations and enforcement programs that were in effect on January 19, 2025, covering areas such as greenhouse gas emissions, methane, mercury, and vehicle standards. It also prohibits future deregulatory actions without explicit congressional authorization, requires the EPA to base decisions on peer-reviewed science, restores the use of the social cost of carbon, increases funding for enforcement, and expands environmental justice programs.
Proponents argue
Proponents argue that the bill is essential to restore the Environmental Protection Agency's core mission of protecting human health and the environment, which they contend has been undermined by recent deregulatory actions. They assert that reinstating these critical standards will combat climate change, reduce toxic pollution, and ensure that vulnerable communities are not disproportionately harmed, aligning the agency's actions with scientific consensus and statutory obligations.
Opponents contend
Opponents would likely argue that the bill imposes overly burdensome regulations that stifle economic growth, increase energy costs, and limit industrial flexibility. They might contend that the previous deregulatory actions were necessary to reduce regulatory red tape and promote economic competitiveness, and that this bill represents an overreach of federal power that could hinder innovation and job creation across various sectors.
The bill is relatively short and clearly structured, making it accessible for an informed reader to understand its core provisions within the time typically allotted for legislative review.
Section 3(a)
Immediate Reinstatement of Environmental Regulations
This provision requires the Administrator of the Environmental Protection Agency (EPA) to reinstate, within 60 days of the bill's enactment, all regulations, guidance, and enforcement programs that were in effect on January 19, 2025. This includes specific rules related to greenhouse gas emissions from power plants, methane from oil and gas operations, mercury and air toxics standards, greenhouse gas reporting, national ambient air quality standards for particulate matter, and vehicle emissions standards. The aim is to reverse any deregulatory actions taken since that date.
Supporters argue
Supporters argue that reinstating these regulations is crucial for protecting public health, mitigating climate change, and ensuring clean air and water, reversing what they see as harmful rollbacks. They contend that these standards are based on sound science and are necessary for the EPA to fulfill its statutory duties.
Critics contend
Opponents would likely argue that these regulations impose excessive costs on industries, hindering economic growth and competitiveness. They might claim that some standards are overly stringent or technologically unfeasible, leading to job losses and increased consumer prices without commensurate environmental benefits.
Tradeoffs
This provision balances the desire for environmental protection and public health benefits against potential economic costs and regulatory burdens on industries. It also highlights the tension between executive branch flexibility in rulemaking and congressional intent for environmental safeguards.
Section 3(b)
Prohibition on Deregulatory Delays
This section explicitly prohibits the President, the EPA Administrator, or any other federal official from delaying, suspending, repealing, weakening, or granting exemptions to any of the regulations reinstated under subsection (a), unless such modification is specifically authorized by an Act of Congress. This aims to prevent future administrations from easily undoing these environmental protections.
Section 4
Protection of Scientific Integrity and Social Cost of Carbon
This section mandates the EPA Administrator to reconstitute and fully staff the Science Advisory Board and the Clean Air Scientific Advisory Committee within 45 days, ensuring members are not financially or advisably linked to regulated industries. It also requires all regulatory decisions to be based on peer-reviewed science and restores the use of the social cost of carbon in all greenhouse gas emission rulemakings, specifically reinstating a 2 percent discount rate and a value of $190 in 2020 dollars per metric ton within 60 days.
Section 5(c)
Authorization of Appropriations for EPA
This provision authorizes an appropriation of $10,993,653,000 for the Environmental Protection Agency (EPA) for fiscal year 2027 and each subsequent fiscal year, adjusted annually for inflation. This funding is intended to ensure that the EPA has sufficient resources and personnel to consistently enforce the environmental programs described in Section 3(a), establishing a minimum enforcement floor.
Section 6
Environmental Justice Restoration and Public Health Impact Assessments
This section requires the EPA Administrator to restore and expand environmental justice programs eliminated or defunded after January 19, 2025, within 60 days. It mandates prioritizing monitoring, permitting oversight, and enforcement in communities disproportionately affected by pollution. Furthermore, it requires the Administrator to conduct and publish public health impact assessments for all rulemakings, regulatory actions, or enforcement policies affecting air or water quality, evaluating impacts on mortality, respiratory illness, cardiovascular disease, and cumulative exposure burdens. It also mandates incorporating cumulative impacts analysis into regulatory and permitting decisions and annual reporting on pollution trends and health disparities.
Section 7
Judicial Review and Private Cause of Action
This section establishes a private cause of action, allowing any person adversely affected by the Administrator's failure to comply with this Act to bring a civil action in a U.S. district court. The court may compel the Administrator to comply with the Act and, if the Administrator is found non-compliant, may award reasonable attorney's fees to the plaintiff. This provides a mechanism for citizens and groups to enforce the bill's provisions.
The bill mandates the reinstatement of numerous specific environmental regulations by referencing their exact citations in the Code of Federal Regulations (CFR). These citations correspond to detailed rules governing greenhouse gas emissions from power plants, methane from oil and gas, mercury and air toxics, greenhouse gas reporting, national ambient air quality standards for particulate matter, and vehicle emissions.
Section 3(a), specifically subparts OOOOb, OOOOc, UUUUU, part 98, part 63, parts 50, 53, 58, and parts 86, 1036, 1037, 1039, 1054, 1065 of title 40, Code of Federal Regulations.
Why it matters:This is standard legislative practice for precision. Referencing specific CFR sections ensures that there is no ambiguity about which regulations are being addressed, rather than relying on broad descriptive language.
Case for: Supporters would argue that precise CFR citations are necessary for legal clarity and to ensure that the exact regulations intended for reinstatement are identified, preventing misinterpretation or loopholes.
Case against: Critics might argue that while legally precise, the reliance on dense legal citations makes the bill less transparent and accessible to the public, requiring specialized knowledge to understand its full implications.
Estimated impact: The reinstatement of these regulations would have a broad and significant impact across multiple industrial sectors and on public health and environmental quality, affecting billions of dollars in compliance costs and environmental benefits.